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Summary Dissolution California: Who Qualifies and How the Process Works

Summary dissolution is California’s short-form divorce for couples with a brief marriage, no children together, no real estate, and few assets or debts. Both spouses file one joint petition (form FL-800), nobody goes to court, and the marriage ends six months after filing unless either spouse revokes. The eligibility criteria are strict and set by […]

October 19, 2026

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Home » Insights » Divorce » Summary Dissolution California: Who Qualifies and How the Process Works

Summary dissolution is California’s short-form divorce for couples with a brief marriage, no children together, no real estate, and few assets or debts. Both spouses file one joint petition (form FL-800), nobody goes to court, and the marriage ends six months after filing unless either spouse revokes.

The eligibility criteria are strict and set by California law. Every requirement must be true on the day you file. Miss one, and you need a regular divorce instead.

What Summary Dissolution Is

Dissolution is California’s legal word for divorce. The booklet Summary Dissolution Information (form FL-810) calls the summary route a shorter and easier way that not every married couple can use.

The summary dissolution process comes from Family Code sections 2400 through 2406. The parties prepare the state forms together, agree on how to divide property and debts, and file the documents with the court clerk.

The Summary Dissolution California Eligibility Checklist

Family Code section 2400 sets the following requirements. These eligibility requirements must all exist when you file. If they did not, the court can later set aside the property terms of the judgment.

The Marriage Lasted Five Years or Less

The statute allows a marriage of not more than five years, measured from the wedding to the date of separation.

The current FL-800 asks both spouses to confirm that less than five years passed between those dates. Separated near the five-year mark? Get advice first.

No Children Together and No Pregnancy

There can be no children of the relationship born before or during the marriage, none adopted during it, and neither spouse can be pregnant.

The current forms phrase parts of this as minor children and adopted children under 18, so ask a lawyer if you have adult children together. Couples with children together otherwise use the regular divorce process.

No Real Property, Renters Only

Neither spouse can own or lease real estate anywhere, apart from one limited exception for a rental. In legal terms, neither spouse may own any interest in real property.

The one exception is a lease on the home where either spouse lives. It cannot include an option to buy and must end within one year of filing.

Property and Debt Limits

The statute requires the Judicial Council to adjust these limits for inflation every odd-numbered year. The current FL-800 and FL-810, revised April 28, 2025, list:

CategoryLimitExcluded
Community propertyLess than $57,000Cars, amounts owed
Each spouse’s separate propertyNot over $57,000Cars, amounts owed
Debts since marriage$7,000 or lessCar loans

In plain terms, community property assets must be under $57,000 and community debts must be $7,000 or less, leaving out cars and car loans. The self-help guide phrases the debt limit as less than $7,000, so a couple close to that line should check the current forms.

Community property is generally what either spouse earned during the marriage and the assets acquired with it. Retirement accounts count toward that total.

Separate property is generally what each spouse owned before marriage, earned after separation, or received by gift or inheritance.

Use fair market value, not the purchase price. Because the figures change, check the current FL-800 before filing.

A Signed Agreement and No Spousal Support

Both spouses must sign an agreement that will divide property and debts, plus any title transfers needed to carry it out. Couples with no community assets and debts check a box instead.

Both permanently give up spousal support and waive the right to appeal or ask for a new trial.

Residency and Grounds

At least one spouse must have lived in California for at least six months and in the filing county for at least three months. The forms add narrower options for California-registered domestic partners and for a same sex couple married in California who cannot divorce where they live.

The only ground is irreconcilable differences. Older articles mention incurable insanity as a ground; Family Code section 2310 now says permanent legal incapacity to make decisions, which is not part of the summary procedure.

The Joint Petition for Summary Dissolution (FL-800)

The case starts with form FL-800. Both spouses sign under penalty of perjury, and neither may sign for the other.

The petition for summary dissolution lists the marriage and separation dates, mailing addresses, and any request to restore a former name. Signing it confirms every section 2400 condition is met.

FL-810: Read It Before You File

Both spouses must read FL-810 before they file. It contains worksheets for valuing property and debts and a sample property settlement agreement.

It also warns that a divorce within two years of the marriage may cause immigration problems for a spouse who became a lawful permanent resident through it.

Financial Disclosures Still Apply

Before signing the agreement, each spouse must give the other spouse an Income and Expense Declaration (FL-150), tax returns from the last two years, and the FL-810 worksheets or a Declaration of Disclosure (FL-140) with its schedules.

Each must also disclose, in writing, any post-separation business or investment opportunity that grew out of the marriage. Skipping these financial disclosures may give grounds to set aside the judgment.

The Summary Dissolution Process Step by Step

  1. Exchange disclosures and complete the worksheets.
  2. Sign the property settlement agreement.
  3. Complete and sign FL-800.
  4. Prepare the Judgment of Dissolution and Notice of Entry of Judgment (FL-825) with the agreement attached.
  5. File the necessary paperwork with two stamped envelopes, and pay the filing fee or request a fee waiver.

The judgment shows the effective date when the marriage ends.

Why Every Case Takes at Least Six Months

Under Family Code section 2403, the marriage ends six months after the joint petition is filed, unless someone has revoked.

The simplified process can save time on paperwork, but not on the calendar. Until the effective date, you are still married.

Keep the court informed of address changes, since the notice of entry of judgment is mailed to your last known address.

Revoking a Summary Dissolution With FL-830

Either spouse can stop the case alone by filing a Notice of Revocation (form FL-830) and mailing a copy to the other spouse by first-class mail. The forms say this must happen before the effective date on the judgment.

Common reasons: reconciling, wanting a court-supervised property division, or learning a spouse is pregnant.

A spouse who still wants a divorce then files a regular petition. If it is filed within 90 days of revoking, the time already waited counts.

What It Costs

The California Courts self-help guide lists the filing fee as $435 to $450, paid to the clerk when you file. Because the spouses file one joint petition, the case carries one filing fee, while in a regular divorce the responding spouse generally pays a separate fee to file a response (Government Code section 70670). That, plus having no hearings, is why summary dissolution typically costs less than a regular divorce.

You pay the court’s filing fee at filing unless the court grants a fee waiver. Waivers are available to people on public benefits, with low income, or unable to cover basic needs and court fees. If only one person qualifies, the other spouse must pay.

See our article on summary dissolution costs in California for more detail.

Summary Dissolution vs. a Regular Divorce

A regular divorce, often called a traditional divorce, allows a hearing, a trial and an appeal. A summary dissolution has none of those.

The regular divorce process can include custody and support orders. In it, the six months usually run from service or the other spouse’s response, and a judge must sign a judgment before the divorce is finalized.

Since January 1, 2025, Family Code section 2330 also lets a traditional divorce begin with a joint petition listing issues the spouses will resolve by agreement. That procedure has no summary asset limits.

Couples who agree on everything but do not qualify often choose an uncontested divorce, which keeps a complicated process manageable.

Domestic Partnership Summary Dissolution

Under Family Code section 299, registered partners can end a domestic partnership by both signing a Notice of Termination with the California Secretary of State, with no court case.

The conditions mirror the marriage checklist. Termination takes effect six months after filing unless either partner revokes.

FL-810 says partners may choose the court or the Secretary of State, and the state process has no filing fee. The Orange County court’s self-help page points partners to the Secretary of State. Our guide to domestic partnership dissolution explains both routes.

Risks of the Simplified Process

A final judgment settles marriage status and property rights. Under section 2405, a spouse can still seek to set it aside for fraud, duress or mistake.

Forgotten accounts, shared car loans and joint credit cards are common trouble spots. If a spouse does not pay an assigned debt, the lender may be able to collect from the other.

Dissolution may also cancel rights under a will, trust or retirement plan, though not a life insurance beneficiary designation.

When to Talk With a Family Law Attorney

FL-810 says couples can handle a summary case themselves, but recommends a lawyer’s review when the separation date is unclear or money moved between separate and joint accounts.

The State Bar certifies some lawyers as certified family law specialists, and any family law attorney can review your forms for your specific circumstances.

Frequently Asked Questions

Is a Dissolution the Same as a Divorce in California?

Yes. Dissolution of marriage is the legal term for divorce. Summary dissolution is one form, and regular dissolution is the other.

How Long Does It Take to Get a Divorce Judgment in California?

At least six months. A summary dissolution ends six months after filing. A regular divorce takes at least six months from service, plus the time to get a judgment signed.

I Want to Separate From My Husband. What Should I Do?

Decide between divorce and legal separation, gather financial records, and note your separation date. If you both agree and qualify, summary dissolution may fit.

What Is the Biggest Mistake During a Divorce?

In summary cases, signing before full disclosure or undervaluing assets. The spousal support waiver is permanent.

Can We Use Summary Dissolution If We Own a Car?

Yes. Cars are excluded from the property limits, and car loans from the debt limit.

Do We Have to Go to Court?

No. You file the forms with the clerk, and neither spouse appears before a judge.

Talk With Our Orange County Team

If you are unsure whether you qualify, or want your agreement reviewed before filing, contact Pinkham & Associates. Our Tustin and Placentia offices handle divorce matters across Orange County.

This article is for general educational purposes only and is not legal advice. Every case depends on its own facts, and outcomes vary. Reading this article does not create an attorney-client relationship.

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