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Understanding the Concept of Summary Dissolution

While there are lots of reasons that can lead to divorce, it’s important to remember that the process doesn’t have to be painful and complicated. Although statistics show that nearly one in two marriages in the United States ends in divorce, it’s important to realize that many of these divorces end amicably, with both sides agreeing on how to divide assets, apportion parenting responsibilities, and plan on how to make future decisions. If you’re getting divorced, but you know that you and your ex-spouse are not going to need a long-drawn out proceeding, you’ll want to consider a summary dissolution. Setting up a divorce lawyer consultation is also a good idea. Read on to learn about summary dissolution and how it can benefit your divorce process.

What Is Summary Dissolution?

Summary dissolution is a legal process that results in a divorce, but is a simplified proceeding that allows individuals to finalize the divorce proceeding in a period of 6 months. A summary dissolution involves less paperwork, and neither side is required to appear in court for a trial. Spouses who choose to file for summary dissolution are required to file joint paperwork, which officially ends the marriage within 6 months.

Still Complicated

Although simpler than a regular dissolution proceeding, a summary dissolution still requires both sides to make important legal decisions and fill out important paperwork. If you decide that this option may be for you, the best thing you can do is to contact a law firm that can evaluate your situation. Once you’ve made the decision, an experienced family law attorney can finalize the proceeding and help you through every step of the process to ensure that you achieve the outcome you want.

What Is Required?

The summary dissolution process requires each spouse to participate. The parties have to file a joint petition for summary dissolution and attach a property settlement agreement to the petition. You and your spouse should have a general agreement as to how to divide assets prior to starting on this paperwork. After this paperwork is completed, couples must prepare and submit a divorce judgment document which officially ends the marriage 6 months after the paperwork is filed. During this 6-month period, the couple can choose to withdraw the dissolution if they reconcile, or can convert the documents to a standard divorce if additional problems arise.

How Do You Qualify?

An attorney can help you determine if you actually qualify. Most states have very strict guidelines as to who qualifies. Some of the basic qualifications include a residency requirement and an agreement between the parties as to the grounds for divorce and that the matter can be resolved by summary dissolution. In some states you cannot have any children together in order to qualify, and the marriage cannot have lasted for more than five years. There’re also property limits in community property jurisdictions, meaning that you can’t have acquired excessive marital property during the marriage, with some exceptions. Needless to say, this part of the proceeding quickly gets complicated. If you’re unsure if you qualify, your best bet is to meet with a divorce attorney in San Antonio, Texas.

To learn more about summary dissolution and see if it’s the step you want to take before filing for an immediate divorce, contact the Law Offices of Steven C. Benke, today.

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