Some states allow people who can agree on every aspect of their divorce to forego the long, drawn-out dissolution of marriage process and, instead, follow a summary divorce proceeding.
The law varies from state-to-state and you should check with a qualified divorce lawyer in your state for further questions about summary divorce proceedings. In states that do have a summary proceeding, the law usually dictates a standardized process that most people can follow.
When utilizing the summary divorce process, people can be assured that the court is likely going to approve the agreements they have made and, typically, the people should be able to achieve a divorce in a very short period of time – typically anywhere from 20-30 days. In the legal world, that is a quick.
Persons desiring to utilize the summary proceeding should consult with a divorce lawyer about what needs to be included in a divorce or “dissolution of marriage” petition. Some of the things that should be included in summary divorce proceeding include:
- that no living minor children have been born to the parties or adopted by the parties;
- that the wife is not pregnant;
- that the parties have been married for a certain length of time (can be anywhere from 5-10 years depending on your jurisdiction);
- that neither party owns any real estate;
- that there are no unpaid debts which exceed a preordained level – for example, $8,000.00;
- that the total value of the parties’ marital estate does not exceed a certain number (typically anywhere from $5,000.00 to $25,000.00);
- that neither person has “non-marital assets” which exceed a certain amount (see above);
- that neither party is currently a victim of domestic abuse;
- other factors which are set by the law of the state where you live.
A couple who believes they meet the above criteria may obtain a summary divorce decree from a court by (1) filing and signing a sworn joint declaration (petition) of some kind and (2) the parties may be required to watch educational videos made available by from the court within a certain amount of time from the filing of the petition (anywhere from 30 to 60 days depending on your jurisdiction).
The summary divorce proceeding can be a great vehicle for achieving a quick and inexpensive divorce. Many people likely fall under the purview of the items listed above. If you think that you may be able to achieve a summary divorce, you should speak to your local Apple Valley MN divorce attorney about it.
