BILL ANALYSIS
AB 939
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Date of Hearing: January 12, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 939 (Judiciary) - As Amended: January 4, 2010
PROPOSED CONSENT
SUBJECT : SUMMARY DISSOLUTION PROCESS
KEY ISSUE : SHOULD MINOR IMPROVEMENTS BE MADE TO THE CURRENT
SUMMARY DISSOLUTION PROCESS?
SYNOPSIS
This non-controversial bill makes improvements to the existing
summary dissolution process. This process currently allows
parties in a short-term marriage (five years or less), with no
children from the marriage, no property, minimal debts ($6,000
or less as of 2009, adjusted by the CPI), and minimal community
property (less than $36,000 as of 2009, again the amount adjust
per the CPI), who have executed an agreement setting forth a
division of their assets and debts and waived their right to
spousal support and appeal to seek a summary dissolution. Six
months after a joint petition for summary dissolution is filed,
current law allows a court, upon application of either party to
enter a judgment of dissolution. This bill simply makes sure
the court must enter the dissolution six months after the joint
petition is filed, unless either party has filed a revocation of
the joint petition. The bill also changes how the length of the
marriage is measured. Existing law requires the marriage to be
no more than five years at the filing of the petition. This
bill would appropriately change that trigger date to no more
than five years as of the date of separation.
SUMMARY : Makes improvements to the summary dissolution process.
Specifically, this bill :
1)Requires the court to enter a judgment of dissolution six
months after the joint petition is filed unless either party
has filed a revocation of the joint petition.
2)Changes how the length of the marriage is measured by
specifying the marriage to be no more than five years as of
the date of separation rather than at the filing of the
AB 939
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petition.
EXISTING LAW :
1)Allows for dissolution of a short-term marriage by summary
proceedings if specified conditions are satisfied, including
that there are no children of the relationship, that the
marriage is not more than five years from the date the joint
petition for summary dissolution is filed, and that specified
asset and debt limitations are met. Requires that the
proceeding be commenced by the filing of a joint petition.
(Family Code Section 2400-01. All further references are to
that code unless otherwise specified.)
2)Allows the court, upon application of either party, to enter a
judgment of dissolution six months after filing of the joint
petition for summary dissolution. (Section 2403.)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : The current summary dissolution process allows
parties in a short-term marriage (five years or less), with no
children from the marriage, no property, minimal debts ($6,000
or less as of 2009, adjusted by the CPI), and minimal community
property (less than $36,000 as of 2009, again the amount adjust
per the CPI), who have executed an agreement setting forth a
division of their assets and debts and waived their right to
spousal support and appeal to seek a summary dissolution. Six
months after a joint petition for summary dissolution is filed,
current law allows a court, upon application of either party to
enter a judgment of dissolution. This bill requires the court
to enter the dissolution six months after the joint petition is
filed, unless either party has filed a revocation of the joint
petition. The bill also changes how the length of the marriage
is measured. Existing law requires the marriage to be no more
than five years at the filing of the petition. This bill would
change that to no more than five years as of the date of
separation. Parties still have to exchange preliminary
disclosure declarations, but not final disclosures (Family Code
section 2109).
REGISTERED SUPPORT / OPPOSITION :
Support
AB 939
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None on file
Opposition
None on file
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334