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summary desolation

In some states, even if a couple does have children and/or significant marital assets (property, bank accounts, stocks, etc.), the couple may still be able to take advantage of the summary divorce/dissolution process if, as part of the divorce filings, they submit written proof to the court that they have resolved key issues like child custody and child support. For example, a couple seeking a summary dissolution may reach an agreement in writing on an acceptable property division, promise to give up any right to spousal support, and agree on a set sum for child support. The couple would submit these written agreements as part of the summary divorce petition.

If you meet all of the legal requirements, the court will issue a judgment of dissolution and notice of entry of judgment that will list your date of divorce as six months after the date you filed for summary dissolution. You can not remarry until the judge issues the dissolution and notice of entry.

For a summary dissolution, you prepare and file a Joint Petition for Summary Dissolution. You and your partner or spouse are eligible if you:

  • Have been married / in partnership for less than 5 years
  • Haven’t any children
  • Own no real estate
  • Rent no land or structures (except for residences, barring a lease or buying option
  • Acquired less than $41,000 worth of property while married except car loans
  • Have separate property worth less than $41,000 except car loans
  • Mutually agreed to forgo any right to alimony
  • Total value of either spouse's separate property is less than a certain amount (may be same threshold as with total marital property
  • Both spouses give up any right to spousal support.
  • Summary dissolution is a way to end a marriage or a domestic partnership in a quicker, less complicated way than the regular process, but it's not for everyone. Summary dissolution may be an option for you if you have no children, relatively few assets and debts, and the marriage or partnership lasted five years or less. If you qualify and your partner or spouse agrees to summary dissolution, you can finalize your divorce by filing the appropriate paperwork and completing a settlement agreement.

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