DO WE QUALIFY FOR A SUMMARY DISSOLUTION?

The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: We have been married less than 5 years, have no children, owe less than $3,000 for debts during the marriage, have less than $30,000 worth of community property (both of us combined) during marriage, don't have separate property worth more than $38,000 (combined both of us), and we have a martial agreement agree that neither spouse will ever get spousal or domestic partner support. Can my wife or I qualify for a summary dissolution or do we have to go for a regular divorce? Does the court verify separate and community assets that we report in the forms after we exchange those forms?

ANSWER: Read the statutory requirements for a Summary Dissolution - see the Summary Dissolution Information Booklet, Judicial Council Form FL-810, and the Joint Petition for Summary Dissolution of Marriage, Judicial Council form FL-800. If both you and your wife qualify, you qualify. If either of you doesn't qualify, you don't qualify.

The Court does not investigate or verify the separate and community assets that you put in the forms, but if the other party doesn't agree with what you put in the forms [you didn't identify what forms you are referring to, but I assume that you are referring to the FL-800], the other party can contest what you put in the FL-800 by refusing to sign the FL-800 Joint Petition for Summary Dissolution of Marriage, in which case, you would have to file an ordinary Dissolution of Marriage case.

If the other party doesn't agree with your income set forth in your FL-150 Income and Expense Declaration, wouldn't be unlikely that the other party would be willing to sign the FL-800? Your "marital agreement" providing for no spousal support may or may not be enforceable, based on its contents, the disclosures made in connection with it, the circumstances and timing of its entry, whether your spouse consulted with counsel regarding the marital agreement prior to signing it, and whether or not it would be unconscionable to enforce that "marital agreement" based on circumstances at the time enforcement is sought.

If both parties sign the FL-800 and comply with its requirements, it is likely that the Court will grant the Summary Dissolution of Marriage.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, www.conviser.net