For those wanting a simple, no hassle divorce, summary dissolution is an option. It hinges on not having many assets, a low debt load and no request for spousal support.

Divorces are never fun to go through, and if there was a way to avoid the hassle, anxiety, stress and anger, most couples would jump at the chance. In California, there is a way to avoid the drama and get straight to the point. It’s called “Summary Dissolution”. If going to court is necessary because the parties can’t or don’t want to cooperate, then that option remains available.

“If you don’t really want to drag the kids and yourself through a messy, long drawn-out and nasty divorce, find out if summary dissolution is an option for you. This means you don’t even need to speak to a judge and will only have to fill out a minimal number of forms. Sure, it sounds easy, but there are exceptions, of course, and so it’s typically wise to seek the advice of a family lawyer so you know your rights and can get the explanation in plain English, rather than legal jargon. Our firm is noted for making legalese legal-easy to understand,” said Anthony J. Spotora, managing attorney of his Los Angeles law firm, which practices family law.

Not everyone is qualified to get a summary dissolution. “So, if you don’t qualify, you need to go the regular route to get a divorce. How do you know if you don’t qualify? I usually have a list of questions for the client that deal with living arrangements. For instance, I need to know if they have been married or living as registered domestic partners for less than five years. In addition, one of the requirements to qualify for summary dissolution is that the couple has no children – period,” Spotora said.

Another requirement that needs to be met when applying for a summary dissolution is that the parties do not own or have an interest in any property and if they have a debt load, they must have accrued less than $5,000 in debt since the marriage/partnership. They must also not own more than $33,000 worth of property bought together.

“It gets even more complex, in that you can’t own any separate property valued over $33,000, you have to agree that you will not seek support, and you have to sign a property agreement that splits what debts and property you do have. You can see why we advise divorcees to call us and get the full rundown on what they need to qualify for a summary dissolution. In some cases, they may not meet the qualifications and we’d need to go to court, but we won’t know that until we’ve spoken with them,” Spotora said.

When it comes to divorce and wanting to save time and money, it’s well worth talking to a highly qualified attorney, who will outline what options exist and how they may affect the proceedings. It’s better to have all the information needed to make an informed decision on how to proceed in the least stressful manner, particularly if children are involved.

To learn more, visit https://www.spotoralaw.com/.

While no one wants to think of a marriage as a business, it often is just that. The partners work together to run it by agreement.

One of the more controversial areas of California divorce law centers on whether or not to have a prenuptial agreement. Many feel it’s not exactly the epitome of being amorous. And frankly, it really isn’t all that romantic, but it’s necessary in case something happens later. Not being protected can be a major disaster to the spouse who happens to have less money and/or assets than the other. It’s not that a prenup is intentionally a power play involving finances, but some cases turn out that way when the marriage comes apart. California is a community property state, so everything is split 50/50 unless a prenup says otherwise.

Prenuptials are not just for the wealthy, although you’d wonder about that reading the newspapers and watching television. Mostly, it seems, that only celebrities opt to have a prenup. In reality, they are for everyone and anyone who wants one. There’s a very common myth floating around that a couple doesn’t need to go this route if they don’t have much money between them. This is not the case.

Virtually anything and everything can be the focus of a prenuptial agreement. Getting around the “not so romantic” stigma associated with them often works if the couple just has a very frank and wide-ranging discussion about how each of them handles finances before they get married. Finding out later that the husband spends thousands on sports equipment, while the wife thinks the money should be set aside for the children’s education, is not exactly conducive to a happy, well-balanced marriage. The bottom line is if you don’t want surprises later, get things out in the open now, because no one knows what will happen.

What if one of the spouses comes into more money in the future, as a result of their business or a talent they have? If you know how to handle the division of community property in advance of any possible divorce, you’ll be well ahead of the game and won’t necessarily have to face the bitter acrimony that sometimes accompanies divorces without a prenup in place. If you don’t know how to go about setting that kind of agreement up, contact an experienced attorney.

This brings up another very common belief, that prenuptials really only protect the partner with the most money and take it away from the partner that doesn’t have much. The reality is that prenuptial agreements are designed to protect both parties.

It should also be noted that just about anything can be written into a prenup, but that doesn’t mean that everything and the kitchen sink must be included in the agreement. These agreements can either be incredibly complex or strikingly simple. It’s up to the parties to decide what they want.

By the way, living together without the benefit of a marriage license is not the way to get around not having a prenuptial. Some couples think if they just live together, the live-in has no claim to the other’s property or income. Wrong. The person making the money and with the assets could be taking a huge risk just living together. It’s called palimony. If you want to protect what you’ve got, get a prenup drafted and signed.

Anthony Spotora is a Los Angeles family lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.