CALIFORNIA SUMMARY DISSOLUTION

In California, the legal term for divorce is dissolution. There are two types of divorce in California, the regular dissolution and the summary dissolution. This article will give a basic explain of summary dissolution in California for married couples. For either regular dissolution or summary dissolution: either spouse must have lived in California for the last six months and the county where the dissolution is filed for at least three months; if both spouses have lived in California for the last six months but in different counties for at least three months, the dissolution can be filed in either county. Summary dissolution in California which is easier and takes less time than a regular dissolution is limited to couples: who don’t have any children together; have been married five years or less; whose community property is worth $43,000.00 or less; who don’t have separate property which is worth more than $43,000.00; the total of all community obligations (not counting car loans) is no more than $6,000.00; both spouses have agreed to and signed a property settlement agreement; both spouses waive any claim for spousal support. The procedure for a summary dissolution in California is generally as follows: each spouse has to complete: Declaration of Disclosure (FL-140); Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160); Income and Expense Declaration (FL-150); both spouses: complete and sign a Property Settlement Agreement; prepare and file a Joint Petition for Summary Dissolution (FL-800) with the Property Settlement Agreement with the superior court in their county as well as a Judgment of Dissolution and Notice of Entry of Judgment (FL-830). The summary dissolution (divorce) will be final six months after the couple files the Joint Petition for Summary Dissolution (FL-800). Either spouse can stop the process of summary dissolution during the six-month period by filing a Notice of Revocation of Petition for Summary Dissolution (FL-830). If either spouse does that and either spouse wants to still pursue a dissolution then that spouse will have to file for a regular dissolution using the Petition-Marriage/Domestic Partnership (FL-100) unless both spouses agree to begin a new summary dissolution procedure. The information in this article does not constitute nor is it intended to constitute legal advice.   For a free consultation call: Richard D. Freiman, Attorney at Law, (310) 917-1021