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Summary Dissolution in California: Requirements and Steps

Summary dissolution is a California divorce process for spouses who meet specific requirements and agree on ending their marriage. It uses simpler paperwork, but still requires financial information, a written property agreement when applicable, and a court judgment.

Who Qualifies for Summary Dissolution?

The main requirements include:

  • Fewer than five years between the marriage date and the separation date.
  • No children together born or adopted before or during the marriage, and neither spouse, to their knowledge, is pregnant.
  • Neither spouse owns real estate or leases land or buildings, except a home occupied by either spouse with a lease ending within one year of filing and no purchase option.
  • Less than $7,000 in debts acquired during the marriage, excluding car loans.
  • Less than $57,000 in community property and less than $57,000 in each spouse’s separate property, excluding vehicles.
  • A written agreement dividing property and debts, when there is property or debt to divide.
  • Both spouses give up the right to spousal support and agree to use this process.
  • Generally, at least one spouse has lived in California for six months and in the filing county for three months.

Both spouses must read Summary Dissolution Information (FL-810) and meet all applicable requirements before filing. The financial limits should be checked against the current court forms.

What Are the Steps?

  • Exchange the required financial information and prepare the property and debt agreement.
  • Complete the Joint Petition for Summary Dissolution (FL-800) and required judgment paperwork.
  • File the documents in the appropriate county and pay the filing fee or request a fee waiver.
  • Check the signed judgment for the date the divorce becomes final.

Frequently Asked Questions

How Long Does Summary Dissolution Take?

There is a six-month waiting period after filing. The court must also approve the judgment. The effective date on the signed judgment determines when the marriage ends.

Is Summary Dissolution the Same as FL-700?

No. Summary dissolution uses FL-800 and has its own eligibility requirements. Joint petition divorce using FL-700 is a different process for spouses filing together.

Can Spouses Use Summary Dissolution if They Own a Home?

No. Ownership of real estate makes spouses ineligible for this process.

Does Agreeing to Divorce Mean We Qualify?

No. Agreement is only one requirement. Both spouses must also meet the rules about children, marriage length, property, debts, and support.

Document preparation information is available on the family law document preparation page.

For related topics, see the guide to family law documents in Orange County.

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