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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3913
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Do both spouses have to go to the court and file for Summary

Customer Question

Do both spouses have to go to the court and file for Summary Dissolution in CA? If both sign the papers, can one spouse just file?
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

If you are filing for dissolution of the marriage, both spouses need to file.

texlawyer :

I'm sorry, both need to sign.

texlawyer :

Assuming it is an agreed motion and division of property.

texlawyer :

If it is going to be contested, one can file and serve the other, then the litigation process will start.

Customer:

I am talking about the Summary Dissolution in CA. It is not the regular divorce, that one person can file and serve the other.

Customer:

I just want to make sure that we don't have to go to court together to file it.

Customer:

here is the link to Summary Dissolution in CA.

texlawyer :

I'm sorry, for a Summary Dissolution one party must submit the Judgment of Dissolution and Notice of Entry of Judgment.

texlawyer :

This is filed at the same time as the Joint Petition for Joint Dissolution.

texlawyer :

You can find those forms here:

Customer:

Ok, so I can go file it by myself then right? Both of us don't have to be present in front of the clerk to file correct?

Customer:

Yes I have all of these forms completed

texlawyer :

No, you don't have to be present, but you have to show proof to the court that the other spouse has been served with a copy.

texlawyer :

The submitting party must provide two copies and two stamped envelopes, one addressed to each party.

Customer:

Ok, so when I provide those, the clerk will file and send the copy to me and the other party?

Customer:

or is that for the FL-825?

texlawyer :

The court will send her a copy.

Customer:

So the court will send the other party both copies of FL-800 and FL-825 when I file it correct?

texlawyer :

Yes.

Customer:

So when you said " but you have to show proof to the court that the other spouse has been served with a copy", the court sending her a copy of FL-800 AND FL-825 is the proof right?

texlawyer :

Yes, you should receive file stamped copies. You should also follow up with your ex after the clerk mails it to your wife to make sure she received it. Get that conformation in writing.

Customer:

ok thanks

texlawyer :

Glad to help.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3913
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and 2 other Family Law Specialists are ready to help you

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Chris T., JD
Chris T., JD
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I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.