Legal Question in Family Law in California

My wife and I married in June 2003 which means we have soon been legally married for 8 years.

However, we separated in June 2007 after 4 years of marriage. We did not file for Legal Separation, just by her moving out.

Late 2009 she asked if she could move back in temporarily, strickly to save money, and I agreed. Since then she has lived with me, in a plutonic relationship. We have not been intimate since mid-2007.

There is no fighting and we both agree that it is time to take care of the divorce.

We have no children, no considerable debts or savings....

Can we file for (the simpler) Summary Dissolution since we were only married for 4 years before separating? Reading different sites online it seems this would be an option.

If so, where do I note the separation date on the form FL-800 "Joint Petition For Summary Dissolution Of Marriage"? I don't see an option to state a separation date (which form FL-100 does), only the wedding date....but if I don't state the separation date this form will be immediately rejected.

Help?

Thanks.....


Asked on 2/05/11, 1:05 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

If you can two agree on the separation date then you can both agree that your marriage was of a short duration. I am not familiar witht he summary dissolution proceeding since clients do not come into my office asking about that. You should consult with your local law library to determine if a summary dissolution proceeding is right for you. If you do not qualify and you both agree on the terms, it should not be much more difficult to get a traditional uncontested divorce. Document preparation companies and paralegals assist self represented with those many times, in varying degrees of success.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/05/11, 7:33 pm


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