We received a few calls this month from individuals inquiring about a Summary Dissolution of Marriage and whether or not they meet the qualifications for the filing of a Joint Petition for Summary Dissolution of Marriage. As you may or may not know, a Summary Dissolution of Marriage is a much shorter and easier way to get a divorce in Southern California as opposed to filing a regular, standard Petition for Dissolution of Marriage. With a Summary Dissolution of Marriage, neither party ever has to go to court. The parties simply must wait six months and then they will be divorced!
However, every couple does not qualify for a Summary Dissolution of Marriage. There are very specific conditions and we will now go over these main conditions. Under Family Code § 2400, a marriage may be dissolved by the summary dissolution procedure, if all of the following conditions exist at the time the proceeding is commenced:
– There are no children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, and the wife, to her knowledge, is not pregnant; and
– The marriage is not more than five years in duration as of the date of separation of the parties; and
– Neither party has any interest in real property wherever situated; and
– There are no unpaid obligations in excess of four thousand dollars ($4,000) incurred by either or both of the parties after the date of their marriage, excluding the amount of any unpaid obligation with respect to an automobile; and
– The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than twenty-five thousand dollars ($25,000), and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of twenty-five thousand dollars ($25,000); and
– The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement; and
– The parties waive any rights to spousal support.
We hope that the information in this blog gives you some helpful insight into what a Summary Dissolution of Marriage entails. If you or a loved one needs assistance with this or any other type of family law matter, call the Southern California divorce attorneys at Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.
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