California Summary Dissolution requirements

[MJA89]

What is the name of your state (only U.S. law)? California

My wife and I desire to dissolve our marriage. We were married only two years, have no property (real estate), and no children. We have been separated for over six months. When we separated, we divided our things (furniture, dishes, appliances, etc.). I moved to California, she remained in Virginia and moved into a condo she has sole ownership of. We meet all of the criteria for a summary dissolution EXCEPT we both have over $38,000 of personal (separate) property (savings, stocks, IRA, etc). We had a joint account which we used to pay our bills, but that has been closed. I went to the Self Help office and asked for information on a standard divorce and the Assistant asked why I was not considering a Summary Dissolution. I told her that both my wife and I each have over 38K in personal (separate) property; she said that it did not matter and even checked with her supervisor who also said that requirement did not apply. The forms and instruction booklet I received both state that it IS a requirement. I'm confused. Has there been a change in the law not reflected in the forms? Is it possible for us to proceed with the Summary Dissolution? What's with the limit on separate property anyway? Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? California

My wife and I desire to dissolve our marriage. We were married only two years, have no property (real estate), and no children. We have been separated for over six months. When we separated, we divided our things (furniture, dishes, appliances, etc.). I moved to California, she remained in Virginia and moved into a condo she has sole ownership of. We meet all of the criteria for a summary dissolution EXCEPT we both have over $38,000 of personal (separate) property (savings, stocks, IRA, etc). We had a joint account which we used to pay our bills, but that has been closed. I went to the Self Help office and asked for information on a standard divorce and the Assistant asked why I was not considering a Summary Dissolution. I told her that both my wife and I each have over 38K in personal (separate) property; she said that it did not matter and even checked with her supervisor who also said that requirement did not apply. The forms and instruction booklet I received both state that it IS a requirement. I'm confused. Has there been a change in the law not reflected in the forms? Is it possible for us to proceed with the Summary Dissolution? What's with the limit on separate property anyway? Thanks.

It appears you are correct: http://www.courts.ca.gov/1241.htm

I also question why the clerks would even say it, as that smacks of the Unlawful Practice of Law.

 

[MJA89]

It appears you are correct: http://www.courts.ca.gov/1241.htm

I also question why the clerks would even say it, as that smacks of the Unlawful Practice of Law.

So, at the risk of getting a curt answer, why is the limit on separate property set at 38K? It seems a bit arbitrary. Or perhaps I should just shut up and color. Thanks for the help.

 

[Zigner]

So, at the risk of getting a curt answer, why is the limit on separate property set at 38K? It seems a bit arbitrary. Or perhaps I should just shut up and color. Thanks for the help.

I suspect it's arbitrary. Well, there probably IS a reason, but it will seem arbitrary to the common-folk.

 

[MJA89]

I suspect it's arbitrary. Well, there probably IS a reason, but it will seem arbitrary to the common-folk.

And, when it comes to the law, I am nothing if not common-folk. Thank you.

 

[Zigner]

And, when it comes to the law, I am nothing if not common-folk. Thank you.

You're welcome

Based on your assets, I would suggest that you, at the very least, consult with a local attorney.