Summary Dissolution vs. Uncontested Divorce

[devdas]

What is the name of your state (only U.S. law)? CA (SoCal).

My Scenario: Married in SoCal back in May '05; No kids; Wife not pregnant; No property; owing 12K in taxes for '06 and '07 (Been filing jointly ever since 2005 - after got audited earlier this year - still negotiating with IRS, they said they may knock off penalties).

Okay, after spending dreadful half a day on California Courts: Self-Help Center: Families & Children: Divorce, Legal Separation & Annulment: Get a Divorce, Legal Separation, or Annulment - I understand difference between these two. But here is my dilemma:

If I follow Uncontested Divorce, I can attain pretty much the same result as Summary Dissolution provided:

1) My Spouse DID NOT File a Response (within 30 days), and We Do NOT Have a Settlement Agreement or a Stipulated Judgment and/or we select, There are no assets or debts subject to disposition by the court in this proceeding and/or we select, to Terminate the court's jurisdiction (ability) to award spousal support to Respondent.

2) We both agree to sign the waiver Final Declaration of Disclosure

but by selecting this Uncontested Divorce way, would it be faster than Summary Dissolution? Cause I notice it gives her only 30 days to respond vs. 6 months (in Summary method). They both cost about the same, around $350-375 only.

Maybe I'm missing something? I just need to figure out which is faster?

See, I was almost ready to file Summary Dissolution but I don't like the part that there is a 6 months waiting period. Plus, once we file this let's say in Nov '09... we both want to give up a 2 bedroom apartment which we're renting (month-to-month now, thank God). I'm possibly looking to buy a small/cheap condo for myself alone.

My FINAL Questions are:

1) Which is FASTEST solution instead of waiting 6 months for judgment? If yes, how long would that take?

and

2) In any case, can I buy a new condo (lets say in Dec '09) or should I wait? I read somewhere about "other spouse has to sign a quit claim deed" or something... you know for an unforeseen financial protection for myself from her.

Please feel free to comment to any of my above-listed findings as well. Your feedback is much appreciated, thanks in advance!

Cheers.What is the name of your state (only U.S. law)?

 

[Isis1]

What is the name of your state (only U.S. law)? CA (SoCal).

My Scenario: Married in SoCal back in May '05; No kids; Wife not pregnant; No property; owing 12K in taxes for '06 and '07 (Been filing jointly ever since 2005 - after got audited earlier this year - still negotiating with IRS, they said they may knock off penalties).

Okay, after spending dreadful half a day on California Courts: Self-Help Center: Families & Children: Divorce, Legal Separation & Annulment: Get a Divorce, Legal Separation, or Annulment - I understand difference between these two. But here is my dilemma:

If I follow Uncontested Divorce, I can attain pretty much the same result as Summary Dissolution provided:

1) My Spouse DID NOT File a Response (within 30 days), and We Do NOT Have a Settlement Agreement or a Stipulated Judgment and/or we select, There are no assets or debts subject to disposition by the court in this proceeding and/or we select, to Terminate the court's jurisdiction (ability) to award spousal support to Respondent.

2) We both agree to sign the waiver Final Declaration of Disclosure

but by selecting this Uncontested Divorce way, would it be faster than Summary Dissolution? Cause I notice it gives her only 30 days to respond vs. 6 months (in Summary method). They both cost about the same, around $350-375 only.

Maybe I'm missing something? I just need to figure out which is faster?

See, I was almost ready to file Summary Dissolution but I don't like the part that there is a 6 months waiting period. Plus, once we file this let's say in Nov '09... we both want to give up a 2 bedroom apartment which we're renting (month-to-month now, thank God). I'm possibly looking to buy a small/cheap condo for myself alone.

My FINAL Questions are:

1) Which is FASTEST solution instead of waiting 6 months for judgment? If yes, how long would that take?

and

2) In any case, can I buy a new condo (lets say in Dec '09) or should I wait? I read somewhere about "other spouse has to sign a quit claim deed" or something... you know for an unforeseen financial protection for myself from her.

Please feel free to comment to any of my above-listed findings as well. Your feedback is much appreciated, thanks in advance!

Cheers.What is the name of your state (only U.S. law)?

there isn't any. it's still six months. six months, six months, six months.

and DO NOT purchase ANY property until that divorce order is signed. don't do it.

don't even buy any lotto tickets.

 

[devdas]

there isn't any. it's still six months. six months, six months, six months.

and DO NOT purchase ANY property until that divorce order is signed. don't do it.

don't even buy any lotto tickets.

LOL - got it. Thanks! 1 last question, which method would you advise me to go on with? Summary or Uncontested??

To prevent myself like everyone, I don't wish to pay any spousal support / alimony; or have her hands on anything (current / future). She would sign off anything cause she admitted she cheated and wants to be fair with me now.

 

[garrula lingua]

What is your intent regarding the IRS bill ?
In your divorce, are you both taking 50% responsibility for the IRS bill ?

Summary says no 'property' - which means no assets or debts to distribute.

 

[devdas]

What is your intent regarding the IRS bill ?
In your divorce, are you both taking 50% responsibility for the IRS bill ?

Summary says no 'property' - which means no assets or debts to distribute.

Yes, IRS debt is 50% - 50% split... that's sort of settled before even filing for divorce.

So, now which method should I go with? I thought once I file... I can engage in a property, isn't that true?