A Summary Dissolution is a dissolution process that was created for people who were married for less than five years, have no children and modest assets and debts. A Summary Dissolution summarily handles the divorce process, no court hearings are required and a divorce follows six months after filing a Joint Petition and the other required documentation. [Fam. C. 2400 et seq.]
In order to qualify for a Summary Dissolution you must meet the following requirements:
1) Reside in the State of California for a minimum of six months and in the county in which you file for at least three months prior to the date of filing. [Fam. C. § 2400(a)(1)]
2) The grounds for dissolution are irreconcilable differences. [Fam. C. § 2400(a)(2)]
3) No children of the parties’ relationship born before or during the marriage or adopted during their marriage; and the wife, to her knowledge, is not pregnant. [Fam. C. § 2400(a)(3)]
4) The marriage is no more than five years long at the date of separation. [Fam. C. 2400(a)(4)]
5) Neither party has any interest in real property anywhere, except a lease at a residence occupied by either party if it does not include the option to purchase and it terminates within one year of the filing of the petition. [Fam. C. § 2400(a)(5)]
6) The debts, of both parties, accrued during the marriage does not exceed $6,000.00, excluding automobiles. [Fam. C. § 2400(a)(6)]
7) The assets, of both parties, accrued during the marriage – including deferred compensation and retirement plans but excluding all encumbrances and automobiles – is less than $38,000.00; and neither party has separate property assets (excluding encumbrances and automobiles) is excess of $38,000.00. [Fam. C. § 2400(a)(7)]
8) The parties must execute an agreement dividing their assets and debts and any documents necessary to transfer title. [Fam. C. § (a)(8)]
9) Each party waives any right to receive spousal support from the other. [Fam. C. § 2400(a)(9)]
10) Each party irrevocably waives the right to new trial or appeal.
[Fam. C. § 2400(a)(10)]
11) The parties must read and understand the Judicial Council summary of Dissolution Information booklet. [Fam. C. § 2400(a)(11)]
12) The parties desire that the court dissolve their marriage.
[Fam. C. § 2400(a)(11)
It is highly recommended by the Family Code and the Judicial Council that the parties consult an attorney regarding their dissolution and it is emphasize that they should not rely exclusively on the information booklet. We at Wallin & Klarich are happy to consult with parties concerning their Summary Dissolution. We will be able to help you understand the extent of the community estate, the risks of proceeding with a Summary Judgment and we will review the required property settlement agreement. If you or a loved one needs help with any aspect of a Summary Dissolution or any type of family law matter, call Wallin & Klarich today. Wallin & Klarich has a team of highly skilled, aggressive Orange County family law attorneys ready to take your call 7 days a week, 24 hours a day! Wallin & Klarich has been in the business of helping people for over thirty years and we would like to help you. We will be there when you call.