IS SUMMARY DISSOLUTION RIGHT FOR YOU?

What is Summary Dissolution?

The Family Code (FC) provides for a streamlined divorce procedure if specific criteria are met (FC 2400):

1.  No kids and no one is pregnant;

2. Marriage of no longer than five years;

3. Neither party has a real property interest;

4. No debts for either spouse (other than autos) over $6,000;

5. The total net value of the community (excluding cars but including retirement plans) is less than $41,000, and neither party has Separate Property assets over $41,000;

6. Parties have made a written agreement dividing the community assets and debts; and

7. Both parties waive any right to spousal support.

A summary dissolution will terminate the parties’ marital status, provide orders for property division, and restore former names. Both parties must also agree to waive spousal support. A summary divorce requires a finite set of facts with minimum assets and debts, and no children.

How do you apply for a Summary Dissolution?

· Both parties must file a Joint Petition for Summary Dissolution of Marriage (FL-800)

· Parties must also file:

o Declaration of Disclosure

o Schedule of Assets and Debts (FL-142), or Property Declaration (FL-160)

o Must exchange (not file) an Income and Expense Declaration (FL-150)

o Must exchange two years of tax returns; and

o A marital property agreement, unless there are no community assets or liabilities.

· After six months, either party may file a Request for Judgment of Dissolution of Marriage, and Notice of Entry of Judgment (FL820)

Before Entry of Judgment, either party may revoke the petition by filing a petition to revoke (FL-830).

Realistically, a summary dissolution is only appropriate for short, simple marriages with practically no issues of income, debt, property division, or children. For short, simple unions, summary dissolutions provide a (relatively) quick, simple ending. Our firm still strongly advises you to consult with an experienced family law firm like ours before beginning such a procedure.