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Summary dissolutions for same-sex couples

On Behalf of Cullen Family Law Group | May 3, 2017 | Same - Sex Couples & Divorce |

If you had a same-sex domestic partnership and then a legal marriage, ending your legal relationship to your spouse is twice as problematic as it is for heterosexual couples.

If you’re lucky, however, you may be able to qualify to end both your marriage and your domestic partnership at the same time through something known as a summary dissolution.

Here are some things you should know:

1. A summary dissolution is not the same thing as a legal separation. A legal separation leaves you formally married; a summary dissolution ends your marriage and your domestic partnership.

2. If you and your spouse qualify for a summary dissolution, you won’t have to appear in court. The paperwork can be filled out and submitted directly to the Clerk of Courts instead.

3. There is a six-month waiting period between the time you submit your paperwork and when the summary dissolution becomes finalized.

4. Either you or your spouse can stop the summary dissolution at any time during that six-month period simply by filing the appropriate forms to revoke the petition.

5. If the petition for the summary dissolution is revoked, you have to start the process over again as a regular dissolution.

6. Very few couples actually qualify for a summary dissolution because of the qualifications:

— You can’t have any children together (including adopted children).

— You had to have separated from your spouse/domestic partner before your fifth anniversary.

— You cannot own land or buildings either jointly or separately.

— You cannot have joint or separate property worth more than $41,000 (excluding cars).

— You cannot have a long-term lease or option to buy on the property where you live.

— You cannot have debts that exceed $6,000 (excluding car loans).

— You and your spouse have to agree to forgo spousal support from each other and agree entirely on how you want to divide any property or debts you do have.

While getting a summary dissolution isn’t impossible, it’s easiest if you and your spouse are on fairly good terms and can work together. In addition, you should each seek the advice of an attorney who is familiar with the issues surrounding same-sex divorces.

Source: California Courts, “For Couples Ending Marriage And Domestic Partnership,” accessed May 03, 2017

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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