California summary dissolution laws and procedures that allow spouses to start and finish a divorce without going through the typical extended process. To determine whether or not California summary dissolution is an available option, we first have to look at California Family Code section 2400 and determine if all of its elements are met. These elements are:
There cannot be any children from the marriage and the wife must not be pregnant;
The marriage cannot be more than five years. This date is measured from the date of marriage to the date of separation.
Neither spouse can have any interest in real estate.
Neither spouse can have debts that are more than $5000.00 This does not include debts for automobiles that are not counted toward the $5000.00
The total net fair market value of all the assets that are community property, once again not including cars, must be less than $33,000.00 and neither spouse can have separate property assets, not including automobiles, with a net value of more than $33,000.00
Net value of course refers to the total value minus the debt or encumbrances owed. For example, if your car is worth $20,000.00 but you owe $15,000.00 on it, the net value is $5,000.00
Most importantly, neither spouse can seek alimony against the other spouse. Both spouses have to forever waive any right to receive alimony.
California summary dissolution laws are not for everyone and even if a spouse meets all of the requirements of a summary dissolution, consultation with a family law attorney is critical to to determine whether or not summary dissolution is in your best interest. The issues of alimony, whether you should waive it or not, and even the value of assets (whether your spouse is being honest about the net value of the assets) are important issues to consider.
Our O.C. family law attorneys are ready to offer you a consultation.
To learn more about California law, check out our comprehensive guide on California divorce laws.