Joint
Summary Dissolution in California
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CA
Joint Summary Requirements
A marriage
of 5 years or less may be dissolved by summary action.
A Joint Petition for Summary Dissolution of Marriage
may be filed if: (1) either spouse has met the residency
requirement for a standard dissolution of marriage;
(2) there is an irremediable breakdown of the marriage
due to irreconcilable differences; (3) there are no
children born of or adopted during the marriage; (4)
the wife is not pregnant; (5) neither spouse owns
any real estate; (6) there are no unpaid debts exceeding
$4,000 incurred during the marriage; (7) the total
value of the community property (including any deferred
compensation or retirement plans but excluding cars
and loans) is less than $25,000; (8) neither spouse
has separate property (excluding cars and loans) exceeding
$25,000 in value [On January 1 of every odd-numbered
year beginning in 1993, the dollar amounts in this
section may be revised]; (9) the spouses have signed
an agreement regarding the division of their assets
and the assumption of their liabilities and have signed
any documents or given proof of any transfers necessary
to effectuate the agreement; (10) the spouses waive
any rights to spousal support [maintenance]; (11)
the spouses waive their right to appeal the dissolution
of marriage and their right to a new trial upon entry
of the final dissolution of Marriage judgement; (12)
the spouses have read and understand the summary dissolution
of marriage brochure available from the county clerk;
and (13) both spouses desire that the marriage be
dissolved. Official mandatory and optional forms for
filing for a Summary Dissolution of Marriage are available
from the County Clerk of any county. [Annotated California
Code; Sections 2400 and 2401, and Judicial Council
Forms].
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