California Summary Dissolution
The following is a general step-by-step guide to a California Summary Dissolution. Contact an attorney for more information on requirements and how to fill out summary dissolution forms.
Step 1: Requirements
CA Summary Dissolution is an easy and inexpensive way to divorce but is only available to persons who meet all the family law requirements listed below:
- At least one spouse has lived in California for the last six months and in the county where you plan to file for the last three months.
- Married less than five years from the date you file your Joint Petition for Summary Dissolution of Marriage.
- Have no children that were adopted or born before or during the marriage and the wife is currently not pregnant.
- Do not own or have an interest in any real estate (including a lease of one year or more)
- Do not owe more than $6,000 for debts acquired since the date of your marriage (ignore loans for autos).
- Have less than $38,000 worth of property acquired during the marriage (usually equity only).
- Do not have separate property worth more than $38,000 (exclude home mortgages and auto loans).
- Agree that neither spouse will get spousal support.
- Current required values for property change frequently as they are indexed for inflation. CHECK Family Law Form FL-810 for complete verification.
If you DO NOT qualify for summary dissolution, other forms are required and may be purchased online:
Follow the steps below to complete a “do it yourself” summary dissolution:
Step 2: Filling out the divorce paperwork
Verify that you qualify for a CA Summary Dissolution by checking FL-810.
Fill out and file the Joint Petition of Summary Dissolution of Marriage (FL-800) along with any marriage property agreement.
Fill out any required local forms. Call the California county court clerk to find if any local forms are required.
Step 3: Copy the forms
Bring the original forms and two copies and file them with the court. Pay the filing fee (around $350 depending on the court) or apply for a waiver if you qualify.
Step 4: Obtaining a judgment
Wait 6 months after filing for divorce. File the Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment. FL-820.
If you or your spouse decide to get back together or cancel the Summary Judgment and use a standard divorce, then you must file a Notice of Revocation of Petition for Summary Dissolution. FL-830.
FAQ
What is the difference between a summary dissolution and a standard divorce?
Aside from the requirements stated above, a summary dissolution must be filed jointly which requires the cooperation of both spouses. In addition, the summary dissolution only provides orders for property division and restoring of a former name.
Do I need an attorney for a summary dissolution?
Attorneys play a smaller role in a summary dissolution than a standard divorce. Many parties initially consult with an attorney to determine eligibility for a summary dissolution and to draft the marital property settlement, then proceed without an attorney.
