What You Should Know About Summary Dissolution in California
Not every divorce has to be long, complicated, or emotionally draining. In California, couples who meet certain requirements may be able to end their marriage or domestic partnership through a faster and more straightforward process called summary dissolution. This option is designed for people who agree on how to separate and don’t have major financial or custody issues to resolve.
If you’re looking for a low-conflict and affordable way to legally separate, summary dissolution may be worth exploring. Here’s what you need to know about how it works, who qualifies, and what to expect from the process.
How Summary Dissolution Differs from a Standard Divorce
In a traditional divorce, one spouse files a petition, serves the other, and both parties go through a process that can involve court hearings, document exchanges, and sometimes negotiations or mediation. Summary dissolution, on the other hand, is a simplified legal procedure. It allows both partners to file jointly and avoid court appearances if everything is in order.
This process only works if both parties agree on the decision to end the relationship and on how to divide their property and debt. There’s also a list of legal requirements that must be met. If you qualify, it can be a much less stressful way to separate.
Basic Requirements to Use Summary Dissolution in California
Not everyone can use summary dissolution. To qualify, you and your spouse or domestic partner must meet all of the following conditions:
- You were married or registered as domestic partners for less than five years
- You have no children together, born or adopted, during the marriage or partnership
- Neither spouse is pregnant at the time of filing
- You do not own real estate together or separately (other than a current lease)
- You do not owe more than $6,000 in debt acquired during the marriage (excluding auto loans)
- Your total community property is worth less than $47,000 (not counting cars)
- Neither spouse owns more than $47,000 in separate property (again, not counting cars)
- Both parties agree to waive spousal support
- Both parties sign a written agreement dividing assets and debts
If even one of these conditions is not met, then summary dissolution is not an option. You’ll need to go through the regular divorce or legal separation process instead.
The Step-by-Step Process for Summary Dissolution
Once you’ve determined that you meet all the eligibility requirements, the process is fairly straightforward. Here’s what to expect:
- Prepare your paperwork
Both parties will need to fill out and sign a joint petition for summary dissolution (Form FL-800). Along with this, you’ll need to complete a property agreement that shows how you’re dividing everything. Each person must also fill out financial disclosure forms. - File your documents
You’ll file the completed forms with the superior court in the county where either you or your spouse lives. There is a filing fee, though you can request a fee waiver if you qualify based on income. - Wait the six-month period
Just like a standard divorce, there is a mandatory six-month waiting period. During this time, either person can choose to stop the summary dissolution by filing a Notice of Revocation. - Receive final judgment
If no one revokes the request and all documents are in order, the court will process the paperwork and issue a judgment ending the marriage or partnership after the waiting period ends.
You do not need to appear in court unless something is missing or incorrect. This means less disruption to your schedule and fewer legal expenses.
Common Reasons Summary Dissolution Isn’t Approved
The court reviews your documents carefully. If something doesn’t meet the rules, the court may reject your filing. This can happen if:
- The asset or debt limits are exceeded
- You don’t clearly list or divide property in the agreement
- Financial disclosures are incomplete
- The paperwork is missing required signatures
It’s also important that both people sign voluntarily. If the court believes one person was pressured into signing, the summary dissolution will not be granted.
When to Avoid Summary Dissolution
Even if you technically qualify, summary dissolution may not be the best choice if:
- You’re unsure about the value of your assets or debts
- You think there was dishonesty in the relationship
- You want to request spousal support
- You don’t feel confident in representing yourself
A traditional divorce gives you the ability to request discovery, mediation, or a court hearing if needed. Summary dissolution is designed only for very simple cases where both people are on the same page.
Legal Help Can Still Be Valuable
Even though summary dissolution is a simplified process, it’s a good idea to have a lawyer review your forms before you file. Mistakes in your financial disclosure or property agreement could cause delays or future problems.
A lawyer can also help you understand what qualifies as community versus separate property. If you have a retirement account or debts that started before the marriage but continued during it, those situations can be tricky to divide without guidance.
Getting legal advice before you file can help protect your financial interests and ensure the court doesn’t reject your paperwork over an avoidable mistake.
Things to Consider Before Filing
Even though summary dissolution is faster, it still carries legal consequences. Once the final judgment is entered, your marital status is officially ended. That means you’ll lose access to health insurance through your spouse’s plan (if applicable) and will no longer have legal rights as a married couple.
Make sure you understand the long-term impact of waiving spousal support and fully agree to how property and debt will be divided. Once it’s finalized, there’s no option to change your mind or seek a better outcome.
Conclusion
Summary dissolution can be a useful tool for couples who meet the qualifications and want a clean, cooperative way to end their relationship. It’s simple, less expensive, and usually much faster than a traditional divorce. But it’s not right for everyone.
Before moving forward, make sure you carefully review the eligibility rules and take time to complete all necessary forms. If you have any doubts, speak with a family law attorney in California to better understand your options.
Ending a marriage is always a significant decision. With the right approach, summary dissolution can help you take that step with clarity, respect, and minimal conflict.