Eligibility for "Summary" Divorce / Dissolution
For divorcing couples who meet certain eligibility requirements in their state (usually having no children and minimal property/assets), a streamlined divorce process called "summary" or "simple" divorce (or dissolution) may be an option. Following is a discussion of the advantages of the summary divorce process, and the typical eligibility requirements couples must meet in order to take advantage of summary divorce.
"Summary" Divorce vs. Traditional Divorce
The "summary" divorce or dissolution process is a more simplified (and usually faster) method of legally ending a marriage. Specifically, when compared to the formal divorce process, summary divorce/dissolution will almost always involve:
Less paperwork (i.e. court filings and written agreements);
Fewer court appearances; some states require only submission of certain documents to the court, including a completed "petition for divorce/dissolution" signed by both parties;
Less time devoted to back-and-forth negotiations, as most states require no dispute (or early resolution) in matters such as property division.
Eligibility Requirements for "Summary" Divorce
Most states offer some form of "summary" divorce to couples meeting certain eligibility standards. Though these requirements will vary from state to state, they typically include:
- The couple were married for a relatively short time (usually 5 years or less);
- The couple has no minor children (natural or adopted);
- The couple does not have any significant "real property" interests (i.e. does not own or mortgage a home);
- Total value of marital property is less than a certain amount (usually between $25,000 and $35,000, and not including the value of motor vehicles);
- Total value of either spouse's separate property is less than a certain amount (may be same threshold as with total marital property, above);
- Both spouses give up any right to spousal support.
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