A great family lawyer will get you results for child custody, spousal support, and drafting custody agreements. Domestic Violence Restraining Orders and other restraining orders can provide immediate protection. An effective child custody attorney can get protection and custody of your children today. My Vista family law firm is ready to help today.
IS SUMMARY DISSOLUTION RIGHT FOR YOU?
A quick fix for a short mistake?
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.