Summary Divorce

Divorce, also called the dissolution of marriage. This is often a painful process couples go through to end their marriage. There are different types of laws governing the process of divorce in different countries. In the United States itself, one can find different laws in different states. Not only this, there are many different types of divorce. It is not always necessary to go through a long, painful and traumatizing procedure. Many times, couples amicably decide to separate and seek a quick procedure to legal separation. One such quick and short divorce process is the summary divorce.

What is it?
It is a dissolution process that is also called a 'simple' divorce. This is a simplified way of seeking a divorce that is usually faster than other types. This process involves less of paperwork, fewer court appearances as only a 'petition for divorce/dissolution' is required by many states, and thus, this is a less time-consuming process. However, there are a few eligibility requirements. These requirements are discussed below.

What are the Requirements?
There are certain standards that couples need to meet in order to apply for this type of divorce. These requirements may vary according to different state rules. However, the general guidelines are as follows:

☛ The couple is married for about 5 or less than 5 years.
☛ The couple have no minor children from the marriage or are adopted.
☛ The couple should not own any real property amongst them.
☛ The total value of the marital property $25,000 to $35,000, that does not include the value of cars or car loans.
☛ The total value of individual spouse property should be less than $35,000, excluding the value of car or a car loan.
☛ Both spouses have given up their right to support.
☛ The wife should not be pregnant.

There are certain states, where a couple can file for this form of divorce, even if they have children or hold property worth more than the given threshold. They can seek this procedure by submitting written proof to the court that they have cordially resolved most of the key issues. For example, they can give in writing they have reached an agreement regarding spousal support or child support and have reached an acceptable agreement regarding matters of property or finances.

Can One Revoke a Petition?
People who file for such a divorce in certain states like California, can seek revocation for their petition. This means one can stop the process after filing it. One needs to file a copy of Notice of Revocation of Petition for Summary Dissolution. There are three reasons under which one can seek revocation.

☛ The couple decides to get back together and continue the marriage.
☛ The couple would like to file for a separation under regular divorce law to get a better settlement.
☛ The couple discovers the wife is pregnant.

All one needs to do, is fill the Notice of Revocation of Petition for Summary Divorce form. One needs to make three copies of the form and take them over to a superior court clerk's office. There is no need for the partner to sign the form. This form can be filled any time during the 6 month waiting period.

As you can see, this is an easier way to end a marriage. This is very useful in cases, where the couple has less issues to be resolved. However, it is always a good idea to consult a legal advisor, before filing for divorce.