40-4-130. Summary dissolution -- conditions necessary at commencement of proceedings. A marriage may be dissolved by the summary dissolution procedure specified in 40-4-130 through 40-4-136 if all of the following conditions exist on the date the proceeding is commenced:
     (1) Each party has met the requirements of 40-4-104 with regard to dissolution of marriage.
     (2) Irreconcilable differences have caused the irretrievable breakdown of the marriage, and both parties agree that the marriage should be dissolved.
     (3) There are no children from the relationship born before or during the marriage or adopted by the parties during the marriage, and the wife is not pregnant.
     (4) (a) Except as provided in subsection (4)(b), neither party has any interest in real property.
     (b) The limitation of subsection (4)(a) does not apply to the lease of a residence occupied by either party if the lease does not include an option to purchase and if it terminates within 1 year from the date of the filing of the petition.
     (5) There are no unpaid obligations in excess of $4,000 incurred by either or both of the parties after the date of their marriage, excluding the amount of any unpaid obligations with respect to a motor vehicle with a rated carrying load in persons and property of 1 ton or less.
     (6) The total fair market value of property assets, excluding all encumbrances and motor vehicles with a rated carrying load in persons and property of 1 ton or less, is less than $13,000, and neither party has separate property assets in excess of $13,000, excluding all encumbrances and motor vehicles with a rated carrying load in persons and property of 1 ton or less.
     (7) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities and have duly executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.
     (8) The parties waive any right to maintenance.
     (9) The parties, upon entry of final judgment of dissolution of marriage, irrevocably waive their respective rights to appeal the terms of the dissolution and their rights to move for a new trial on the dissolution.
     (10) The parties have read and state that they understand the contents of the summary dissolution brochure provided for in 40-4-136.
     (11) The parties desire that the court dissolve the marriage.

     History: En. Sec. 1, Ch. 795, L. 1991.