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California summary divorce

A California summary divorce is the topic of this blog post. Family Code sections 2400 through 2406 are the statutes that authorize a summary divorce in California.

A summary divorce has one very big advantage compared to a standard divorce in that it is much less complicated and requires much less paperwork than even an uncontested divorce in California. There is no court appearance required. Once the paperwork is filed the parties must wait until at least six months have passed to ask the court to enter a Judgment of Dissolution of Marriage.

The current qualifications for a summary divorce in California as August 5, 2015 are as follows:

Irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved.

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 neither party, to that party’s knowledge, is pregnant.

The marriage is not more than five years in duration as of the date of separation of the parties.

Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:

(A) The lease does not include an option to purchase.

(B) The lease terminates within one year from the date of the filing of the petition.

There are no unpaid obligations in excess of six thousand dollars ($6,000) 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. (The amount of any loans for automobiles does not count towards the $6,000 limit).

The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than forty-one thousand dollars ($41,000), and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of forty-one thousand dollars ($41,000). (The values of any automobiles are not counted towards the $41,000 limit).

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.

The parties waive any rights to spousal support.

The parties, upon entry of the judgment of dissolution of marriage pursuant to Section 2403, irrevocably waive their respective rights to appeal and their rights to move for a new trial.

The parties have read and understand the summary dissolution brochure provided for in Section 2406.

The parties desire that the court dissolve the marriage.

Family Code section 2403 states that once six months have passed since the date that the petition for summary dissolution of marriage was filed the court will enter the judgment dissolving the marriage unless a revocation has been filed.

Both spouses must sign the joint petition for summary dissolution of marriage.

However there is one very big disadvantage to a summary divorce in California and that is the fact that either spouse may revoke the summary divorce at any time until a judgment of dissolution of marriage is entered. If a revocation is entered than the spouses have to start over with a standard dissolution of marriage.

Anyone that would like to view the official Judicial Council Forms for a summary divorce in California can click the link here: http://www.courts.ca.gov/forms.htm?filter=SD

The summary divorce procedure is very useful but cannot always be used due to the specific requirements that must be met.

To view more information on a California divorce litigation document collection containing over 45 sample documents specifically designed for California divorces sold by the author of this blog post can use the link shown below.

http://legaldocspro.net/california-divorce-litigation-document-package/

To view over 300 sample legal documents created by the author of this blog post use the link shown below.

www.scribd.com/LegalDocsPro

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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