Legal Question in Family Law in California

Re: summary dissolution

For summary dissolution, you file a joint petition, exchange your financial disclosures, wait until 6 mo's pass, then file the judgment. In the joint petition you waive spousal support, which upon entry of judgment is confirmed by the court. I have been told from other clients that the military will send a portion of the enlisted person's pay, but I have never seen that paperwork. So does the military require a copy of the petition? If they see the waiver language will they ignore it and pay you until judgment is entered or will they then refuse to pay you?

On the one hand, you and your husband might be able to sign a stipulation for judgment which is an attachment to the judgment that specifies that you get the military payout until entry of judgment, but why? What's the point in monkeying around with procedural issues? Isn't this defeating the point of the summary dissolution process?

File a regular dissolution, enter into a stipulated default judgment wherein you siimply specify that you will receive your payout from the military in the amount they determine until the court terminates your marital status. You can still get away with paying only the one filing fee if you know how the package the stipulated default judgment.