Legal Question in Family Law in California

In order to have a Summary Dissolution, both parties have to agree to sign a Joint Petition for Summary Dissolution. You stated that you filed that form. If so, she has already agreed. If she won't continue with the Summary Dissoltion process, then you would have to file for the Standard Dissolution and have her served.

BARRY BESSER

www.besserlaw.com

I agree with Mr. Besser. A summary dissolution is commenced by filing a joint petition, meaning she has consented. It is filed on Judicial Council form FL-800. Once that is filed, you have to wait six (6) months to file for a judgment. Either spouse can stop the summary dissolution, however, by filing a Notice of Revocation of Petition for Summary Dissolution (FL-830.)

In case you are from the South and maybe a little confused as to the laws of this State, California is a "no fault" state and you only need "irreconcilable differences" for one party to file for a dissolution. You do not have to be separated for a year. You do have a generally longer waiting period, 6 months, before it is finalized. You cannot file a summary dissolution without her consent, but you can end the marriage whether she agrees or not. See if this link doesn't help you:

http://www.courtinfo.ca.gov/selfhelp/family/divorce/divforms.htm