Key Takeaways:
- Couples can skip the lengthy divorce process if they qualify for summary dissolution.
- A marriage must be shorter than ten years.
- You cannot have any minor children, or children over the age of 18 who still attend school.
- You cannot own any real property.
- Total personal assets must be less than $30,000 combined.
- Total debt must be less than $15,000 combined.
- Both parties must waive spousal support.
- You waive any rights to temporary orders.
Not every marriage works out. At the same time, not every marriage ends in a heated screaming match.
What Is A Summary Dissolution?
In certain situations, couples can skip the divorce process if they qualify for summary dissolution. This is different than an uncontested divorce. If you meet the criteria, you can streamline the process with less cost.
What Are the Requirements For A Summary Dissolution?
To qualify in Oregon, you must fulfill specific requirements. If you don’t meet the criteria, including marriage length, whether or not there are children, the amount of shared property, and more, you’ll have to go the more traditional route. But if you do check off all the boxes, this often streamlines the process a great deal.
The law in Oregon lays out specific guidelines for whether or not a marriage qualifies.
Length of Marriage
A marriage must be shorter than ten years to qualify for summary dissolution.
Do you have Children?
You and your spouse can’t have any minor children and the woman cannot be pregnant. This includes adopted or stepchildren from an earlier relationship.
If you have children over the age of 18, but who still attend school, that also disqualifies you.
Real Property
Owning any land, homes or buildings excludes you from summary dissolution. Even part ownership or a minor interest cuts this off. Whether this property lies within Oregon or not, doesn’t matter.
Most commonly this is a house or other shared home, but any real estate fits the bill. Mobile homes on rented land, however, do not fall into this category.
Personal Property
You may still qualify for summary dissolution if you have limited property or assets, shared or separate. Again, the amount varies from one state to the next.
In Oregon, the magic number is $30,000. So, if the total assets exceed that amount, you don’t qualify.
Debt
Like personal property, having too much debt also puts summary dissolution out of reach.
You qualify if you and your spouse have less than $15,000 in unpaid debt, individually or together. This includes student loans, credit card debt, medical bills, car loans, and anywhere else you owe money.
Division of Property
Since summary dissolution aims to keep the situation as simple as possible, you and your spouse must be on the same page when it comes to the division of property.
Know in advance how you intend to split both assets and debts. There’s no time to waste bickering back and forth about who gets the car or that box of kitschy mementos from your honeymoon. Such conflict doesn’t fit in this situation.
Spousal Support
Neither party can request spousal support. This keeps the summary dissolution process streamlined.
Related Reading: How Is Property Divided In Divorce?
Other Divorce Actions
If you want a summary dissolution, you can’t already have other divorce actions pending. In Oregon or elsewhere. This includes divorce, annulment, or separation proceedings that have been filed but have not yet been decided.
Basically, you can’t already have a divorce or other end to your marriage in the works.
Related Reading: Pro Se Divorce: When is DIY the Best Choice?
Temporary Orders
By going with summary dissolution, you waive any rights to temporary orders. Obviously, there won’t be any custody orders, but you can’t ask for things like temporary spousal support or exclusive use of marital property either.
There are, however, exceptions for restraining orders and others that fall under the Family Abuse Prevention Act and the Elderly and Disabled Persons Abuse Prevention Act.
Residency
Every divorce has residency requirements, and summary dissolution is no different. Like many other elements, these vary from state to state.
In Oregon, either you or your spouse must be a resident—it’s not necessary for both of you to be residents—and have lived in the state for six continuous months before filing.
This primarily comes up for couples who recently relocated. You don’t have much to worry about this if you’re a longtime resident.
Your situation must meet all these requirements to qualify for summary dissolution in Oregon.
If you don’t check off every last one of these boxes, you’ll have to take a more traditional route to divorce. Summary dissolution works best in short, simple marriages with few complications. And every one of these categories represents a different complication.
Related Reading: The Most Common Mediation Questions Answered