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Do I Qualify For A Summary Divorce



A summary divorce is an option many states, including California, Oregon, Minnesota, and Nebraska, offer to couples with no children and very few, if any, assets as a way to dissolve their marriage quickly and efficiently. Not every state offers this option, however, and not every marriage will be eligible for a summary divorce. Visit your state's official website to see if a summary divorce is legal in your state or contact a local divorce lawyer.

How Is A Summary Divorce Different Than A Traditional One

A summary divorce is a very attractive option for couples who want a simple, streamlined divorce process that does not have all of the back-and-forth negotiations that a traditional divorce has. There is much less paperwork in a summary divorce than a traditional divorce, there are many fewer, if any, court appearances required, and they take less time because there cannot be any property or custody disputes.

Am I Eligible

In the states that allow summary divorces, there are usually non-negotiable requirements that must be met. Each state is different, so this is only a partial list. Some examples include:

  • The couple must have been married a short period of time, typically five or fewer years.
  • The couple must not have any minor children, natural or adopted.
  • The couple must not have any substantial marital property, like a mortgage.
  • The total value of all marital property must be less than a specified amount, usually $25,000 to $35,000.
  • Each person in the marital couple cannot own separate property more than the total value of all of the marital property.
  • Both spouses give up the right to any type of spousal support.

Keep in mind that this is a short list of some of the requirements that some states have for those looking for a summary divorce. Some states allow summary divorces if there are minor children involved or if there are substantial marital or individual assets. This is one reason why working with a divorce lawyer is beneficial; they will know the ins-and-outs of your state's divorce laws.