What to Know About Summary Dissolution in California

Divorce can be a complicated process, but there is a more straightforward option available to some California couples: summary dissolution. For couples with more straightforward situations, this expedited procedure allows them to dissolve their marriage or domestic partnership with less paperwork, less expense, and no need for court appearances. However, not everyone qualifies.

Here’s what you need to know about summary dissolution and whether it may be the right choice for you.

An Overview of Summary Dissolution

A summary dissolution is a streamlined divorce process for couples who meet certain qualifying requirements and does not require a trial or significant court involvement. However, if even one requirement is unmet, you must file for a standard divorce.

Couples are required to submit a property settlement agreement and a Joint Petition for Summary Dissolution. The marriage is officially dissolved six months after filing if all the required conditions are met.

Some of the main advantages of a summary dissolution are:

Reduced Costs —Fewer court fees and no need for extensive legal representation
Less Paperwork —Simplified forms in contrast to a traditional divorce
No Court Appearance Required —The process is handled entirely through paperwork

Who Qualifies for a Summary Dissolution?

In California, you and your spouse or partner must fulfill each of the following requirements to be eligible for a summary dissolution:

Residency —One must have spent at least three months in the county where you file and at least six months in California. This does not apply to domestic partnerships registered in California or same-sex divorces.
Duration of Marriage or Partnership —You must have been married or in a domestic partnership for fewer than five years.
No Children —Neither of you may be pregnant, nor have any minor children together.
Limited Property and Debt —
- You don’t own or rent any real estate besides your current home.
- You owe less than $7,000 in total debt (not including auto loans) accumulated during your marriage.
- Your shared community property (assets acquired during the marriage) is worth less than $53,000, except for vehicles.
- You each own assets worth less than $53,000 that were acquired before or after your separation.
Terms of Agreement —
- You both have decided to dissolve your partnership or marriage.
- Neither of you will seek spousal support (alimony).
- You have a signed property agreement on how to divide property and debts.

What to Expect in a Summary Dissolution

How does the process work? If you qualify, here’s what you can expect from the summary dissolution process.

File Your Documents —Submit a Joint Petition for summary dissolution along with a property settlement agreement with any other required forms. You will submit the originals of everything to the courts, so make sure to make copies of them. When submitting your petition, you are required to pay a filing fee. You can ask the court for a “fee waiver” if you cannot pay this fee. The following information is required.
- A statement confirming that the couple meets all eligibility requirements for a summary dissolution
- The mailing address of each spouse
- Whether either spouse wishes to return to their previous name, including the one requested
- A declaration of disclosure
- A schedule of assets and debts or a property declaration
- The past two years’ tax returns
- Written documentation of any business or investments that either spouse will retain following the separation, if any existed during the marriage
Six-month Waiting Period —After filing, there’s a mandatory six-month waiting period before the divorce is finalized.
Revocation Option —By submitting a Notice of Revocation or Petition for Summary Dissolution, either spouse may revoke the summary dissolution within the six months. This notice cancels the judgment and the summary dissolution case. You can file for a standard divorce if you and your spouse are still interested in getting a divorce.
Final Judgement —At the end of the six months, the court will issue a Judgment of Dissolution, formally ending the marriage, if neither spouse revokes the petition.

What to Do if You Don’t Qualify for a Summary Dissolution?

If you don’t fit the requirements for a summary dissolution, you will have to go through the regular divorce procedure. This entails additional paperwork, potential court appearances, and often requires assistance from an attorney. You’ll need to do things like divide more complex assets and debts, address child custody and support if you have children, and potentially negotiate spousal support.

Is Summary Dissolution Right For You?

If you have a complex situation, like having significant property, debts, or children, a standard divorce may be necessary. Even in a summary dissolution, speaking with an attorney can help protect your rights and help the whole process go smoothly.

A summary dissolution can be a great choice if:

Your marriage or partnership is relatively short.
You have no children, limited assets, or debts.
Both individuals agree upon each detail of the divorce.

Let The Gorski Firm Help You Get on the Path to a Fresh Start

While it’s not a one-size-fits-all method, summary dissolution can be a sensible and efficient way to dissolve a marriage or domestic partnership in California. This simplified process can help you save time, money, and stress if you are eligible and you and your spouse agree on all terms.

A traditional divorce may be more suitable for you if your case involves children, substantial assets, or disagreements. Understanding your options will help you make the best choice. This is where the expertise of a family law attorney can make all the difference.

At The Gorski Firm, we specialize in helping couples navigate the complexities of divorce and separation. Whether you’re exploring a summary dissolution or need guidance through a standard divorce, our experienced attorneys are here to give personalized advice and support you every step.

Divorce is a significant life change, but you don’t have to face it alone. Let us help you understand your eligibility, prepare and file the necessary paperwork, ensure your property and assets are divided fairly, and address any questions and concerns about the process.