California > Judicial Council > Family Law - Summary Dissolution
Summary Dissolution Information FL-810 - California
| Summary Dissolution Information Form. This is a California form and can be used in Family Law - Summary Dissolution Judicial Council . |
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FL-810 SUMMARY DISSOLUTION INFORMATION This booklet is available in English and Spanish from the office of the court clerk in the superior court of each county in California, or at www.courts.ca.gov/selfhelp.htm. Este folleto puede obtenerse en inglés y en español en la Dirección de Registro Público del Condado (Office of the Court Clerk) o en la Corte Superior (Superior Court) de cada condado en el estado de California www.sucorte.ca.gov. Form Adopted for Mandatory Use Judicial Council of California FL-810 [Rev. January 1, 2012] Family Code, §§ 24002406 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CONTENTS Page I. WHAT IS THIS BOOKLET ABOUT? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll. SOME TERMS YOU NEED TO KNOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. WHO CAN USE THE SUMMARY DISSOLUTION PROCEDURE? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV. AN IMPORTANT DIFFERENCE BETWEEN SUMMARY DISSOLUTION AND REGULAR DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. HOW DO YOU FIGURE OUT THE VALUE OF YOUR PROPERTY AND THE AMOUNT OF YOUR DEBTS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI. WORKSHEET FOR DETERMINING VALUE OF SEPARATE PROPERTY ....................... 1 2 3 4 5 6 8 WORKSHEET FOR DETERMINING VALUE AND DIVISION OF COMMUNITY PROPERTY . . . . . . . . . . WORKSHEET FOR DETERMINING COMMUNITY OBLIGATIONS AND THEIR DIVISION . . . . . . . . . . 10 VII. WHAT SHOULD BE INCLUDED IN THE PROPERTY SETTLEMENT AGREEMENT? . . . . . . . . . . . . . . . 12 VIII. SAMPLE PROPERTY SETTLEMENT AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 IX. WHAT STEPS DO YOU HAVE TO TAKE TO GET A SUMMARY DISSOLUTION? . . . . . . . . . . . . . . . . . . 16 X. WHAT YOU SHOULD KNOW ABOUT REVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 XI. SHOULD YOU SEE A LAWYER? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 XII. SOME GENERAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 I. WHAT IS THIS BOOKLET ABOUT? This booklet describes a way to end a marriage, a domestic partnership, or both through a kind of divorce called summary dissolution. The official word for divorce in California is dissolution. There are two ways of getting a divorce, or dissolution, in California. The usual way is called a regular dissolution. Summary dissolution is a shorter and easier way. But not everybody can use it. Briefly, a summary dissolution is possible for couples who 1. have no children together; 2. have been married and/or in a domestic partnership five years or less (this means that the time between the date you married or registered your domestic partnership and the date you separated from your spouse or partner is five years or less); 3. do not own very much; 4. do not owe very much; 5. do not want spousal or partner support from each other; and 6. have no disagreements about how their belongings and their debts are going to be divided up once they are no longer married to or in a domestic partnership with each other. With this procedure, you will not have to appear in court. You may not need a lawyer, but it is in your best interest to see a lawyer about the ending of your marriage or domestic partnership. See page 19 for more details about how a lawyer can help you. For a summary dissolution, you prepare and file a Joint Petition for Summary Dissolution (form FL-800), together with a property settlement agreement,* with the superior court clerk in your county. You will also prepare and turn in a Judgment of Dissolution and Notice of Entry of Judgment (form FL-825). Your divorce, ending your marriage and/or your domestic partnership, will be final six months after you file your Joint Petition for Summary Dissolution. During the six months while you wait for your divorce to become final, either of you can stop the process of summary dissolution if you change your mind. One of you can file a Notice of Revocation of Petition for Summary Dissolution (form FL-830) and that will stop the divorce. If either one of you still wants to get divorced, you will then have to file for a regular dissolution with a Petition--Marriage (form FL-100) or Petition--Domestic Partnership (FL-103) unless you both agree to start a new summary dissolution process. IMPORTANT! Domestic partners who qualify for a summary dissolution can choose to use the process described in this booklet OR a special summary dissolution for domestic partners through the California Secretary of State. You can find the California Secretary of State forms at www.sos.ca.gov. There is no filing fee for this process. If you choose to file to terminate your domestic partnership through the Secretary of State, do not use this guide. This booklet will tell you 1. who can use the summary dissolution procedure; 2. what steps you must take to get a summary dissolution; 3. when it would help to see a lawyer; and 4. what risks you take when you use this procedure rather than the regular dissolution procedure. If you wish to use the summary dissolution procedure, you must, at the time you file the joint petition, sign a statement that says you have read and understood this booklet. It is important for you to read the whole booklet very carefully. Save this booklet for at least six months if you decide to start a summary dissolution. If you decide you want to stop the summary dissolution process and revoke your petition, it will tell you how to do that. SPECIAL WARNING If you are an alien who became a lawful permanent resident on the basis of your marriage to a U.S. citizen or to a lawful permanent resident, obtaining a dissolution within two years of your marriage may lead to your deportation. You should consult a lawyer before obtaining a divorce. * A property settlement agreement is an agreement that the two of you write or have someone write for you after you fill out the worksheets in this booklet. The agreement spells out how you will divide what you own and what you owe. Il. SOME TERMS YOU NEED TO KNOW In the following pages, you will often see the
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