![]() In dividing property and debts, California adopts the concept of community property, where property acquired, and debts incurred, during the marriage is marital property. You need to state in the Petition that: “The parties have irreconcilable differences which have caused the irremediable breakdown of the marriage.” The only other ground for dissolution is the “incurable insanity” of your spouse. California has what is commonly called a no-fault ground for dissolution. Grounds are legally recognized reasons to get a dissolution and sever the marital relationship. The judge will ask some questions, to be sure you understand and agree to everything, and will enter a Judgment of Dissolution of Marriage. ![]() For the most basic procedures (the summary dissolution or an uncontested dissolution with the regular procedure), you, and possibly your spouse, will be required to attend a court hearing. Whether you file for summary dissolution or a regular dissolution, you begin the procedure by filing a Petition for Dissolution of Marriage in the Superior Court of the county where you live. the parties have read and understand a summary dissolution brochure that is available from the Superior Court clerk, and.the parties waive their right to appeal and to move for a new trial,.the parties have executed a property settlement agreement and have executed any documents necessary to effectuate the agreement (such as title transfers),.the fair market value of community property (excluding debts and automobiles, but including deferred compensation or retirement plans) is less than $25,000, and neither party has separate property (excluding debts and automobiles) in excess of $25,000,.there are no marital debts in excess of $4,000, excluding a car loan,.neither party has any interest in real property (except for a lease that does not include a purchase option and ends within one year of filing the Petition),.you have not been married for more than five years,.there are no children and the wife is not pregnant,.There is a summary dissolution procedure if all of the following conditions are met: To file for dissolution of marriage in California, the party filing for dissolution must have been a resident of California for at least six months, and a resident of the county for at least three months. If there are minor children, they will need to resolve issues of child custody, visitation, and support. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. In California the divorce procedure is called a dissolution of marriage.
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