In January of 2024, The Judicial Council of California, who is in charge of setting rules for California Courts to use, gives advice every year to the Governor and lawmakers on what laws to make, and update forms the courts will use, introduced the new form to request a divorce “Joint Petition for Summary Dissolution” (Form FL-800)

This Petition can be used to ask the court to grant your divorce without paying lots of filing fees and can be done without having to file as many documents.

However there are requirements to qualify for this type of request, and it may not be the best fit for every couple, we can break these down for you in this article.

If you still have questions after, feel free to contact our offices.

What are the benefits of asking for a Divorce Using the “Joint Petition for Summary Dissolution” ?

Fewer Fees:

A Joint Request for a Divorce requires both of the spouses to only make one, first time filing fee, while a regular request would require each person to pay their first time filing fee. Depending on the county in California this fee is somewhere between $435-$450 and is paid directly to the court. If you are filing a Joint Request for divorce, you are both only required to make the one payment together of $435-450. Additionally, you may qualify for a fee waiver.

Usually in a regular request for divorce, one spouse must have someone personally deliver the “Petition for Dissolution” (divorce papers) to the other spouse, this is done with a process server who is certified to deliver important legal papers or court documents to people. Their fees range from $75 to $99. In a Joint Divorce case there is no need to use a process server or pay their fees.

Who Can Ask for a Divorce Using the “Joint Petition for Summary Dissolution”?

A Joint Petition or request for divorce can only be submitted by couple that:

·         Both want to end the marriage

·         Has been married for less than 5 years,

·         Owns less than $53,000.00 in assets (excluding vehicles)

·         Owes less than $7,000 in debt (excluding debts owed on vehicles)

·         Does not have children together (No child support or child custody must be involved)

·         Does not want spousal or partner support from each other

·         Both agree completely on who will keep which assets and debts owned by both (Including cars, furniture, cash, bank accounts etc.)

If your answer to all of the above conditions is yes, a Joint Petition may be for you.

What Risks Should We Consider When Asking for a Joint Request for Divorce?

With a Joint Request for a divorce, there is no trial or hearing in a courthouse. Couples who choose this method of getting a divorce do not have the right to ask for a new trial from the court. (There are very few exceptions to this rule.)

If you are an undocumented person 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 divorce within two years of your marriage may lead to your deportation. You should consult a lawyer before obtaining a divorce.

After the divorce becomes final, neither one has any right to expect money or support from the other except what is included in the form submitted to the court.

You may get a better settlement if you go to court than with the agreement you originally made with your spouse (Maybe, after thinking it over, you feel you are not receiving a fair share of the community property or feel you should receive spousal support/alimony or realize you need child support.)

Have Further Legal Questions?

At the Law Office of Steve Lopez, we specialize in California family law and are here to ensure your divorce process is smooth, fair, and legally sound. Our attorney can help you:

·         Confirm Eligibility: Verify whether you qualify for the Joint Petition based on marriage duration, assets, debts, and other key factors.

·         Avoid Costly Mistakes: Draft and review agreements to protect your rights and ensure a fair division of assets and debts.

·         Address Complex Issues: Advise on risks like immigration concerns (e.g., deportation risks for undocumented spouses) or potential unfair settlements.

·         Navigate Alternatives: If the Joint Petition isn't right for you, we'll explore other divorce options to secure the best outcome.

We're here to provide clarity, protect your interests, and guide you through every step of California's evolving family law landscape by providing you legal information.

Contact us today to schedule a consultation and ensure your divorce process is handled with the expertise and care you de