What is the Difference between a Divorce and Dissolution?

Making the decision to end a marriage can be very difficult and distressing. At this highly emotional time you will have a great many things to consider, one of which will be what kind of legal proceedings you can expect to be involved in. If you have sought advice about family law in California, you will probably have heard the term “dissolution” used as well as “divorce.” It is helpful to clarify these terms for yourself so that you understand precisely what they mean, and how they apply to you.

Definitions

Technically speaking, in California couples do not file for divorce. The term used under California law to mean divorce is “dissolution.” However there are two types of dissolution that can be granted. The first is known as a “regular dissolution.” This is what most people mean when they say divorce, and is a complicated, sometimes protracted process that will usually entail an appearance in court.

The second option is called a “summary dissolution,” which is what people usually mean when they use the word “dissolution.” It is simpler, cheaper and easier to obtain than a regular dissolution, and does not require you to go to court. The catch is that not everyone is eligible for it.

Which Do I Need?

Obviously, if your case meets the requirements, a summary dissolution would be preferable to a regular dissolution. Ask yourself the following questions. These will determine if you qualify for a summary dissolution of marriage.

  • Have you been married for less than five years? If your marriage lasted longer, you will need to seek a regular dissolution.
  • Do you have any children together? This includes any children born or adopted before the marriage. If you are expecting a child, that also counts and will disqualify you from obtaining a summary dissolution.
  • Do you jointly or separately own in whole or part any land or buildings? If you do, you will need to get a regular dissolution.
  • Do you rent any land or buildings? This will have the same effect as above, but you do not need to count your current domicile unless you have a one-year lease or option to buy.
  • Do you have community obligations (debt incurred since your marriage) totalling more than $6000, community property (things you acquired during your marriage) worth more than $40,000, or separate property worth more than $40,000? If your debts and worth exceed these thresholds, you are not eligible for summary dissolution. You do not need to count your cars (or car loans) in these amounts.
  • Have you and your spouse agreed that neither party will seek support from the other? This is necessary for summary dissolution.
  • Have you and your spouse agreed upon a division of your property and debt (including cars)? Once this is signed, if you also satisfy all the other requirements, you may proceed to seek a summary dissolution.

Whether or not you qualify for regular or a summary dissolution, it is strongly advised that you retain legal representation. For more information contact David Knecht at davidknechtlaw.com