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Summary dissolution


Who is elligable for summary dissolution

You can get a divorce through the Summary Dissolution procedure only if ALL of the following statements are true about you at the time you file the Joint Petition for Summary Dissolution.  
Check this list very carefully.  

1.  We have both read this booklet, and we both understand it.  

2.  We have been married no longer than five years.

3.  One of us has lived in California for at least six months or longer, and in the county where we are filing for Dissolution for at least three months preceding the date of filing or longer.

4.   There are no minor children who were born of our relationship before or during our marriage or adopted by us during out marriage. The wife, to her knowledge, is not pregnant.
5.   Neither of us have an interest in any real property anywhere. (You may have a lease for a residence in which one of you lives. It must terminate within a year from the date of filing this petition. The least must not include an option to purchase.)

6.  Except for obligations for automobile, together we owe no more than $6,000.00.

7.  Our community property is not worth more than $38,000.00.

8.  Neither of us has separate property worth more than $38,000.00.

9.  We have no community assets or liabilities.

10.  Irreconcilable difference shave caused the irremediable breakdown of our marriage, and each of us wishes to have the court dissolve our marriage without our appearing before a judge.

11.  Upon entry of judgment of summary dissolution of marriage we each give up our rights to appeal and to move for a new trial.

12.  Each of us forever gives upon any right to spousal support from the other.

13.  We agree that this matter may be determined by a commissioner sitting as a temporary judge.

14.  We have both agreed to use the Summary Dissolution procedure rather than the Regular Dissolution procedure.

15.  We are both aware of the following facts:

(a) hat there is a six-month waiting period, and that either of us can stop the divorce at any time during this period;

(b) our marriage will be completely ended only if, after the waiting period, one of us files with the County Clerk a Request for Final Judgment;

(c) that after the Dissolution becomes final, neither of us has any right to expect money or support from the other, except for what is included in the Property Settlement Agreement; and

(d) that by choosing the Summary Dissolution procedure we give up certain legal rights that we would have if we had used the Regular Dissolution procedure.  
(These are explained on page 6.)

*Do not count cars or car loans in this total.

Court fees are around $435 and vary depending on the county where you intend to file your divorce. Contact us and specify your county.

* Access Legal charges $250.00 to complete, review, and forward the document to you with instructions for filling.
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