Q: Can we file for summary dissolution after the fifth year mark of our marriage?
I have been married for 4 years. We agree to have a summary dissolution but we are still finding time to fix the forms together and file it. However, the fifth year mark of our wedding is already near and we may not be able to file it in time before this. Is the process strict that they can only accommodate this request before the fifth year mark or it can be after as long as our established date of separation occurred before the fifth year mark?
A:
In California, summary dissolution is an option for couples who have been married for less than five years. The eligibility for summary dissolution is based on your status at the time of filing, not the date of separation.
If you have been married for exactly five years or less at the time you file the paperwork, you may qualify for summary dissolution. If you exceed the five-year mark by the time you file, you would no longer be eligible for this streamlined process and would need to proceed with a regular divorce.
It's important to complete and file the necessary forms promptly if you wish to take advantage of the summary dissolution procedure. If you're nearing the five-year threshold, it would be wise to file before reaching that point to maintain eligibility for summary dissolution.
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