Summary dissolution in California is a simplified divorce process for short marriages with limited property. It skips much of the formal process, but only couples who meet every requirement can use it.
Under Family Code section 2400, the couple must have been married five years or less when they file. They can’t have children together, born or adopted before or during the marriage, and neither spouse can be pregnant. Neither spouse can own land or buildings, except a lease on their residence that meets certain conditions. The couple’s community property and debts, and each spouse’s separate property, must fall under limits set by statute and adjusted periodically. Both spouses must agree to waive spousal support and must sign a joint petition along with a written property agreement. At least one spouse must meet California’s residency requirements.
The process is simpler. The couple files a joint petition, Form FL-800, with their property agreement and financial disclosures. There’s no need to serve papers or attend hearings. The six-month waiting period still applies, and during that time either spouse can revoke the petition, which ends the summary process.
Summary dissolution isn’t right for everyone. Waiving spousal support is final, and once the divorce is final it can’t be reopened to request support. Couples with retirement accounts or unclear finances may need more careful review.
Law & Mediation Offices of Dan DeSario & Associates, a Los Angeles family law firm since 1982, recommends checking eligibility carefully. If even one requirement isn’t met, the regular divorce process is needed, though it can still be handled cooperatively.
This article is general information about California family law and is not legal advice. Every case is different.