California Family Code 2400

California Family Code 2400 Attorney

If you are planning to end your marriage in California, it is natural to wonder how long your divorce could take to complete. This is a lengthy and difficult process for most couples, but it is possible to expedite your divorce under California Family Code 2400 if you meet certain conditions. This Code section pertains to summary dissolution, a streamlined version of divorce that is only available to couples who meet certain criteria.

Determining Your Eligibility for Summary Dissolution

California Family Code 2400 dictates when a couple qualifies for summary dissolution. It is important to remember that while this process is much faster than a standard divorce, not all couples will qualify. This Code section outlines all the criteria a couple must meet before they can pursue summary dissolution:

• The divorcing spouses must meet the provisions set forth regarding residency included in California Family Code section 2320.
• The marriage has broken down beyond the point of possible recovery because of irreconcilable differences.
• The spouses must not have children together. Summary dissolution is not possible if the couple requires a child custody determination. This is a complex process, and state law requires the court to carefully determine what type of custody arrangement would suit the best interests of the child the order will affect.
• The marriage has lasted fewer than five years.
• The spouses cannot own any real property together. They can be renting under a lease, but the lease’s expiration must be within one year of the date of their separation.
• With the exception of an automobile loan, neither spouse may hold a debt greater than $4,000 that was incurred after their marriage started.
• The divorcing couple’s community property must be valued lower than $25,000, and neither spouse may have more than $25,000 in separate property.
• Both spouses must waive any claim to spousal support.
• The spouses must have resolved an agreement regarding property division. This may include settling any outstanding shared debts.

Ultimately, California Family Code 2400 is relatively straightforward and clearly explains the criteria for a couple qualifying for summary dissolution in California. However, you should not assume that just because you may qualify for a more streamlined divorce the process will be easy or that you can handle it without hiring an attorney. An experienced family law attorney is an invaluable asset, no matter what your divorce entails.

Your divorce lawyer will help you gather the documentation you will need to complete the summary dissolution if you qualify. This includes an assessment of your separate property, guiding you in resolving any other property-related issues you and your spouse will need to address, and helping you meet all procedural deadlines with the court. Remember that even if you qualify for summary dissolution, you will still need to meet the mandatory waiting period.

A standard divorce can take months or even years to resolve, depending on the complexity of the case and the divorcing spouses’ willingness to compromise with one another. If you qualify for summary dissolution, it is possible to end your marriage in a fraction of the time that standard divorce requires.

If you believe you qualify for summary dissolution as outlined by California Family Code 2400, Quinn & Dworakowski, LLP, can help. We have years of experience handling all types of divorce cases for our clients throughout California, and we are ready to leverage this experience for you in your impending case.

FAQs

Q: What Is California Family Code 2400?

A: California Family Code 2400 includes the rules and provisions regarding summary dissolution, which is an expedited method for resolving divorce in California that requires meeting strict conditions. Only certain couples qualify for divorce through summary dissolution, but those who do qualify are typically able to complete dissolution proceedings far more quickly than through a standard divorce.

Q: Can You Refuse a Divorce?

A: You technically cannot refuse a divorce in California. Once one spouse has decided they want a divorce, the other spouse cannot stop them. The spouse filing for divorce will submit their proposed divorce order to the court, and the other spouse will need to respond. If they do not sign the divorce papers and initiate negotiations, the petitioner will secure a default judgment, granting the divorce. This can have many detrimental effects on the non-signing spouse.

Q: Do You Need to Prove Fault for a Divorce?

A: You do not need to prove fault for a divorce in the state. As a no-fault state, California recognizes grounds for divorce as irreconcilable differences, meaning the marriage has broken down past any point of potential reconciliation, and it would benefit both parties to end the marriage. It is possible for one spouse’s actions to have directly caused the breakdown of the marriage, but proving fault is not necessary to file a divorce petition in California.

Q: Do I Need to Hire a Lawyer for Divorce?

A: You should hire a lawyer for divorce so you can have the peace of mind that comes with knowing you have a dedicated legal advocate who knows the law intimately and who can provide valuable guidance during what is sure to be an emotionally turbulent experience. It is technically possible to file for divorce without a lawyer, but you are likely to reach better results when you have legal counsel on your side.

Q: How Long Does It Take to Complete Summary Dissolution?

A: The time it will take to complete summary dissolution in the state varies from case to case but is generally far less time than a standard divorce requires. However, even if the divorcing spouse completes all procedural steps as quickly as possible, they must still complete the mandatory six-month waiting period that applies to all divorces. If they complete the necessary steps within this time, summary dissolution may not take any longer than this six-month waiting period.

Quinn & Dworakowski, LLP, has successfully resolved many complex divorce cases for clients throughout California, and we are ready to apply our extensive professional experience to your impending case. If you have questions about California Family Code 2400 and how it could apply to your situation, we can help. Contact us today to schedule a consultation with our team and learn more about the legal services we can provide to help you through your divorce.