Summary Divorce Law

Divorce laws are a series of legal measures undertaken to dissolve a marriage.   Though there are types of divorce laws, each type requires some criteria to be fulfilled before the divorce is granted by the court.

Summary Divorce Laws

A summary divorce or a simple divorce is a fastrack procedure to obtain a divorce when the couple has no children, and very few assets.

Requirements for a summary divorce are:

  • The divorcing spouses were married for a short period of time, less than five years.
  • The couple are issueless and also do not have adopted children.
  • The wife is not in a state of pregnancy.
  • The couple has no pending mortgage or a house.
  • The couple does not have any debts more than $15,000.
  •  The total value of their assets must be between $25,000 and $35,000.
  • The total material worth of each spouse should also be less than $35,000.
  • Both spouses are not entitled to any support after the divorce.
  • Even if the couple have children and assets, they can still avail a summary divorce if they submit to the court in writing that they have reached a written agreement on division of assets, on child custody and support as well as relinquishing all spousal support.

Summary divorce usually is hassle free, requiring less time, few court attendances, less expenditure and less paper work.

To file for a summary divorce, the couple has to file a Joint Summary Dissolution petition, along with an agreement of property settlement.  The couple also submits a Judgment of dissolution and Notice of Entry of Judgment.  The divorce is awarded six months after submission of the joint petition.  In the event of the spouses deciding on reconciliation, they can file for a Notice of Revocation of Petition for Summary Dissolution.

Although a lawyer is not generally required for a simple divorce it is advised to hire a lawyer to know your requirements and rights and to file the petition on your behalf.

Law Article Archive