Fill and Sign the Summary Dissolution Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF CALIFORNIA SUMMARY DISSOLUTION DIVORCE PACKAGE UNCONTESTED -- NO CHILDREN WITH OR WITHOUT PROPERTY Control Number – CA-008A-D This package contains the following: 1. Information about Summary Dissolution 2. Forms List and explanations. 3. Checklist 4. Forms Download Page - 15- INFORMATION ABOUT SUMMARY DISSOLUTION 1. WHO CAN USE THESE FORMS: You may use this package for summary dissolution of marriage only when all of the following facts are true: (a) The parties have been married less than 5 years on the date the Joint Petition for Summary Dissolution of Marriage was filed; (b) The parties have no children together that were adopted or born before or during the marriage (and the wife is not pregnant now); (c) The parties do not own or have an interest in any real estate (house, condominium, rental property, land, or a 1-year lease or option to buy); (d) The parties do not owe more than $4,000 for debts acquired since the date of the marriage (do not count auto loans); (e) The parties have less than $32,000 worth of property acquired during the marriage (do not count money you owe on the property or auto loans); (f) The parties do not have separate property worth more than $32,000 (do not count money you owe on the property or auto loans); (g) The parties agree that neither spouse will ever get spousal support; (h) Both parties must sign the Joint Petition and pay the court filing fees or get a fee waiver; (i) The parties have signed a Separation and Property Settlement Agreement that divides your property and debts before filing the Joint Petition for Summary Dissolution of Marriage; AND (j) At least one spouse has lived in California for the last 6 months and in the county where you plan to file for the last 3 months. 2. RESIDENCY/VENUE REQUIREMENTS: A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. 3. GROUNDS FOR SUMMARY DISSOLUTION OF MARRIAGE: The Court will grant a summary dissolution of marriage only when both parties state that irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved. Irreconcilable differences are statutorily defined as those differences determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. - 15- 4. LEGAL SEPARATION : A judgment of legal separation may be obtained in the State of California on the same grounds as those permitted for an action of dissolution of marriage. This package does not contain forms for a legal separation. 5. WAITING PERIOD : After six months have expired from the date of the filing of the joint petition for summary dissolution, the court may, upon application of either party, enter the judgment dissolving the marriage. The judgment restores to the parties the status of single persons, and either party may marry after the entry of the judgment. The clerk shall send a notice of entry of judgment to each of the parties at the party's last known address. 6. REVOCATION OF SUMMARY DISSOLUTION PROCEEDINGS: At any time before the filing of application for judgment, either party to the marriage may revoke the joint petition and thereby terminate the summary dissolution proceeding. The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a Notice of Revocation of Petition for Summary Dissolution . 7. ALIMONY/SUPPORT : In a Summary Dissolution proceeding, the parties must agree that neither spouse will ever get spousal support 8. DISTRIBUTION OF PROPERTY: In a Summary Dissolution proceeding, the parties must agree between themselves as to all issues regarding the division of assets and debts. The parties must have signed a Separation and Property Settlement Agreement that divides all property and debts before filing the Joint Petition for Summary Dissolution of Marriage 9. NAME CHANGE: the court, upon the request of a party, shall restore the birth name or former name of that party, regardless of whether or not a request for restoration of the name was included in the petition. For more information, see the California Divorce Law Summary. - 15- FORMS LIST The following forms are included in this package: 1. Summary Dissolution Information Booklet (CA-FL-810) 2. Joint Petition for Summary Dissolution of Marriage (CA-FL-800) 3. Financial Information Worksheets (CA-850D) 4. Separation and Property Settlement Agreement (CA-DO-1A) 5. Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment (CA-FL-820) 6. Notice of Revocation of Petition for Summary Dissolution (If necessary) (CA- FL-830) - 15- FORM EXPLANATIONS All forms included in this package are identified below. 1. Summary Dissolution Information Booklet (CA-FL-810) – This informational booklet is provided to insure that both parties completely understand the requirements for a summary dissolution as well as the possible effects of obtaining a summary dissolution as opposed to a regular dissolution proceeding. 2. Joint Petition for Summary Dissolution of Marriage (CA-FL-800) – The Joint Petition for Summary Dissolution of Marriage is the document in which you are asking the court to grant your divorce along with any other relief requested. 3. Financial Information Worksheets (CA-850D) – These worksheets are used to certify to the Court compliance with the requirements that each party fully disclose all assets and debts to each other. 4. Separation and Property Settlement Agreement (CA-DO-1A) – This document provides for the final distribution of any assets and debts of the parties, as well as contains any other agreements reached between the parties. 5. Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment (CA-FL-820) – This form is used to request that the Court enter a Judgment of Dissolution of Marriage after the six-month waiting period has elapsed. 6. Notice of Revocation of Petition for Summary Dissolution (CA- FL-830) – This form may be used to stop the Summary Dissolution process by either party at any time during the six-month waiting period. - 15- INSTRUCTIONS AND STEPS Note: If a form con tains a space for the signature of a Notary Public, it must be signed by you (and if necessary by your spouse) in front of a Notary Public, who must notarize the document. Prepare an original and several copies of each of your completed documents. Your spouse should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies and the court must have originals. STEP 1: Both parties must each read the Summary Dissolution Information Booklet (CA- FL-810) in its entirety. STEP 2: In cooperation with each other, the parties should complete the Joint Petition for Summary Dissolution of Marriage (CA-FL-800) . STEP 3: The parties should next jointly complete the Financial Information Worksheets (CA-850D) , making certain to provide the most current information requested. STEP 4: The parties should next complete the Separation and Property Settlement Agreement (CA-DO-1A) , making certain to agree to all of the terms contained therein. STEP 5: Attach the Separation and Property Settlement Agreement (CA-DO-1A) and Financial Information Worksheets (CA-850D) to the Joint Petition for Summary Dissolution of Marriage (CA-FL-800) . File these documents with the Superior Court Clerk in the county of filing. A filing fee must be paid at this time. Obtain a filed copy of the Joint Petition with attachments for each spouse. STEP 6: There is a six month waiting period from the date of the filing of the Joint Petition for Summary Dissolution before the Court will grant the dissolution. At any time during this waiting period, either party may file the Notice of Revocation of Petition for Summary Dissolution (CA-FL-830) to stop the Summary Dissolution process. STEP 7: After the required waiting period has elapsed, either party may file the Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment (CA-FL-820) with the Clerk. A small filing fee is also paid. - 15- STEP 8: No hearing will be held. The Court will enter the judgment dissolving the marriage. The judgment restores to the parties the status of single persons, and either party may marry after the entry of the judgment. The clerk shall send a notice of entry of judgment to each of the parties at the party's last known address. Notes: When the Summary Dissolution Judgment has been entered the case is over and neither party can appeal. - 15- CHECKLIST Both parties read Summary Dissolution Information Booklet (CA-FL-810) in its entirety. Parties complete Joint Petition for Summary Dissolution of Marriage (CA-FL- 800) . Parties jointly complete Financial Information Worksheets (CA-850D) . Parties complete Separation and Property Settlement Agreement (CA-DO-1A) . Separation and Property Settlement Agreement (CA-DO-1A) and Financial Information Worksheets (CA-850D) attached to Joint Petition for Summary Dissolution of Marriage (CA-FL-800) . Documents filed with Superior Court Clerk in the county of filing. Filing fee paid. Copies of filed documents obtained for each spouse. At any time during six month waiting period, either party may file Notice of Revocation of Petition for Summary Dissolution (CA-FL-830) to stop Summary Dissolution process. After required waiting period passes, either party may file Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment (CA-FL- 820) with Clerk. Filing fee paid. Court enters judgment dissolving the marriage. Clerk sends notice of entry of judgment to each of the parties at the party's last known address. - 15- NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . After you make the changes relock the document before you begin to complete the fields. After any required changes and re-protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. If you experience problems, please let us know. - 15- LAW SUMMARY You may access the law summary for your State by using the link below: http://secure.uslegalforms.com/lawsummary/CA/CA-006-D.htm - 15- DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE FORMS WERE PREPARED FOR STATEWIDE USE AND ARE THE OFFICIAL FORMS PUBLISHED BY THE SUPERIOR COURTS. THE FORMS AVAILABLE IN THIS PACKAGE CAN BE COMPLETED ON YOUR COMPUTER USING WORD, OR PRINTED AND COMPLETED BY HAND. THESE FORMS ARE MANDATORY IN YOUR STATE. - 1 -