118: Another Reason We Don’t Like California Summary Dissolutions

Another Reason We Don’t Like California Summary Dissolutions

I just got off the phone from a person who was attempting to do their own divorce and it was a very interesting call.

It wasn’t something that I had come across or I had heard of before so I wanted to make sure I jumped into the camera real quick and I literally just got off the phone with them so I wanted to discuss the issues with this.

And this is pertaining to the summary dissolution. If you’ve watch any of my other video regarding summary dissolution, you know I’m not a big proponent of them and I’ll give you several alternatives to the summary dissolution option.

People think it’s a good option, I don’t think it is and here’s one more reason why I don’t like the summary dissolution.

This lady called me, she had filed a summary dissolution and she had it rejected by the court. The reason it was rejected by the court is because she had marked on there that she had been married for more than five years. Well if you’re looking at the rules, which are many, to qualify for summary dissolution. You realized that you cannot be married for more than five years.

Well it was actually a mistake that she made. What she did is she listed a date of marriage and then she listed the date of separation. But on the date of separation, she had listed the date she is filling out the forms by accident instead of putting the actual date of separation.

Which if she had used the correct date of separation, she would have been under five years and perhaps there wouldn’t have been any issues with her divorce.

Because she filed it with the incorrect date of separation than showing it to be over five years, the judge rejected it.

So, what she did was she amended her paperwork, change the date of separation and re-submitted it and it got rejected a second time and the judge said upon rejecting it the second time, you need to file a regular divorce.

So, after speaking with her I realized what had happened. Here’s what the judge is assuming, “oh, you’re going to resubmit it and change the day of your separation? We don’t believe you.

We think that the day of separation is the day you filed the summary dissolution on the first time and you’re just changing the date now so you can resubmit your summary.”

Basically they didn’t believe her and that’s what that boils down to. And now they’re telling her she needs to file a regular divorce.

Here’s the problem with that. She had already worked on the summary paperwork, she had already submitted it, and she was already at that judgment stage.

Now, having to file a regular divorce, she’s going to have to fill out all the regular forms, summons and petition, she’s going to have to file it as an amended using that same case number.

She’s going to have to serve those documents on her spouse, wait another thirty days and then file her judgment and still have to wait the full six months after the date of service of the documents before she can be divorced.

So, what a huge set back, she have already been working on this for several months and it was at the judgment phase and now she’s set back months. Have to go through the whole process again, the regular divorce process.

Filing, serving, waiting six months and this is just one more reason why we don’t advocate using the summary divorce forms in California. There’s a much better way of doing it.

I just wanted to share that with you quickly. Tim Blankenship with divorce661.com. If you need help with your divorce in California, call the number on the screen. 681-281-0266.

I’d be happy to help you. Talk to you soon.

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