Summary dissolution is California's shorter way to end a marriage. It is open only to couples who meet every condition at once. The marriage lasted five years or less, there are no children, no one owns real estate, assets and debts fall under set limits, and both spouses sign one joint petition. The judgment is entered after six months.
Most people looking into this are near the end of a short marriage or domestic partnership. They have little shared property, no children, and no real dispute about who keeps what. What they want to know is whether the law offers a route that matches how simple their situation feels. For same-sex couples, a second question often follows. Some have both a domestic partnership and a marriage, and they need to know which relationship this procedure actually ends.
This article covers what the procedure is, every eligibility condition, how registered domestic partners are treated, the steps from filing to judgment, how summary and standard dissolution compare, and where the procedure stops.
What Summary Dissolution Means Under California Law
Summary dissolution is governed by California Family Code sections 2400 through 2406. In a standard case, one spouse files and then serves the other. Here the spouses file together.
That joint filing changes the shape of the case. There is no response from the other side and no trial. Because both spouses have already signed a written division of their property and debts, the court has nothing left to decide. If every condition is met, the joint petition both opens the case and carries it to judgment.
Summary dissolution is narrow, not easy. Each condition in section 2400 must be true on the day the case is filed. Failing just one makes the procedure unavailable. The Judicial Council posts the official forms and instructions on its California Courts Self-Help Guide.
Sections 2400 through 2406 apply to marriages. Registered domestic partners have a parallel procedure, covered below.
The Eligibility Requirements: All Conditions Must Be Met
Section 2400(a) lists twelve conditions. All of them must exist when the proceeding begins. In plain terms:
- Residency. At least one spouse must meet the jurisdictional rules that begin at section 2320. Under Family Code section 2320, that generally means living in California for six months and in the filing county for three months just before filing. Subdivision (b) adds a separate rule for same-sex marriages entered in California when neither spouse lives in a place that will dissolve the marriage. Whether it fits a particular summary case depends on the facts.
- Grounds. Irreconcilable differences have caused the irremediable breakdown of the marriage. That means the marriage has broken down beyond repair.
- No children. No children of the relationship were born before or during the marriage, none were adopted during it, and neither spouse knows of a pregnancy.
- Duration. The marriage lasted no more than five years as of the date of separation.
- No real property. Neither spouse has any interest in real estate anywhere. The one exception is a lease on a residence with no option to buy that ends within one year of filing.
- Debt limit. Unpaid debts incurred after the marriage stay under a set amount. Car loans are not counted.
- Community property limit. Community property is the property the spouses acquired together during the marriage. Its total fair market value must stay under a set amount. Cars and debts against the property are left out, but retirement plans and deferred compensation are counted.
- Separate property limit. Separate property is property that belongs to one spouse alone. Neither spouse may have separate property above that same limit, again leaving out cars and debts.
- Signed agreement. The spouses have signed a written agreement dividing their assets and debts. They have also signed any deeds, title papers, or bills of sale needed to carry it out.
- Support waiver. Both spouses give up any right to spousal support.
- Appeal waiver. Both spouses give up their rights to appeal and to ask for a new trial once judgment is entered.
- Brochure and consent. Both spouses have read and understood the court's summary dissolution brochure, and both want the marriage dissolved.
The dollar limits are not fixed. Section 2400(b) adjusts them in odd-numbered years based on the California Consumer Price Index, and the Judicial Council publishes the current figures. Current amounts are on courts.ca.gov and the self-help site. For couples whose finances sit near a limit, the precise current figure matters.
These conditions all work together. A couple that meets eleven of them still has to use standard dissolution.
Registered Domestic Partnerships and Summary Dissolution
A registered domestic partnership does not go through the FL-800 court petition. Instead, Family Code section 299(a) lets partners end the partnership without a court case. They file a Notice of Termination of Domestic Partnership with the California Secretary of State.
The conditions closely track section 2400. Both partners sign the notice. There can be no children of the relationship and no known pregnancy. The partnership must have lasted no more than five years. There can be no real estate interest beyond a short qualifying lease. Debts and property must fall under the same adjusted limits used in section 2400. The partners need a signed property agreement and a mutual waiver of support. Both must read the Secretary of State's brochure, and both must want the partnership ended. Under section 298, the Secretary of State prepares the form, and the signatures must be notarized. Under section 299(b), the termination takes effect six months after filing unless either partner revokes it first. Once effective, it is treated the same as a court judgment of dissolution.
The stakes are the same as in a marriage because of AB 205 (Stats. 2003, ch. 421). From January 1, 2005, registered domestic partners have the rights and duties of spouses. Our overview of domestic partnerships in LGBT divorce covers this in more depth.
Registration history is where many same-sex couples need to slow down. In November 2008, California voters approved Proposition 8, which provided that only marriage between a man and a woman is valid or recognized in California. No new same-sex marriages took place from November 2008 until after Hollingsworth v. Perry was decided on June 26, 2013. That decision ruled on standing only: the petitioners lacked standing to appeal the District Court's order, and the Ninth Circuit's judgment was vacated and remanded. Our page on gay marriage in California traces that history. Many couples registered as partners during those years and married later.
Under section 299(e), the partnership and the later marriage are two separate legal relationships. Marrying did not convert or replace the partnership. A court can dissolve both together in one proceeding. A summary procedure aimed at one relationship does not, by its own terms, end the other. The five-year limits are also measured separately. A couple married for three years may have been registered partners for ten. The court's self-help resources or an attorney can help couples with both relationships confirm which relationship each filing reaches. Property built up across those years is discussed in our article on property acquired before marriage equality.
The Summary Dissolution Process: From Joint Petition to Final Judgment
Under section 2401, the process for a marriage moves in a fixed order.
Step 1: Prepare the papers. Both spouses complete and sign the Joint Petition for Summary Dissolution (FL-800), along with their written property agreement. The petition is signed under oath. It states that every section 2400 condition is met and gives each spouse's mailing address. It also says whether either spouse wants a former name restored.
Step 2: File with the court. The joint petition is filed in the superior court of the county where at least one spouse meets the residency rule. A filing fee applies. Current fees are listed on each court's fee schedule, such as sdcourt.ca.gov for San Diego County. A spouse who cannot afford the fee may ask for a fee waiver using form FW-001.
Step 3: The six-month wait. Section 2403 states it directly:
"When six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has been filed pursuant to Section 2402, enter the judgment dissolving the marriage."
Until then, the spouses are still married. The brochure required by section 2406 notes that neither can remarry before judgment. Six months is the minimum. Court processing can make the real timeline longer.
Step 4: Right to revoke. Under section 2402, either spouse may revoke the joint petition before an application for judgment is filed. To do so, the spouse files a Notice of Revocation (FL-830) with the clerk and mails a copy to the other spouse's last known address. Revocation ends the summary case. A spouse who still wants a divorce then files a standard dissolution.
Step 5: Judgment. If neither spouse revokes, the judgment is entered. The court's forms include a Request for Judgment (FL-820). The judgment returns both spouses to single status, and the clerk mails notice of entry to each. Current versions of FL-800, FL-820, FL-830, and FW-001 are on the self-help site.
What Summary Dissolution Does Not Cover — and When Standard Dissolution Is Required
Under section 2404, entry of judgment is a final decision on the marriage and the spouses' property rights. It is also a waiver of spousal support, appeal, and new-trial rights. Several kinds of cases fall outside the procedure entirely:
- Children or a pregnancy. Summary dissolution cannot decide custody, child support, or parentage. These questions come up often for same-sex parents, especially a non-biological parent. Any child of the relationship or known pregnancy means standard dissolution.
- Spousal support. No support order is possible here. Section 2406 requires the brochure to say that neither spouse can later get spousal support from the other.
- No cooperation. Both spouses must sign. One spouse cannot use the procedure alone.
- Real estate. Any interest in real property, apart from the narrow lease exception, rules the procedure out.
- Limits exceeded. Debts, community property, or separate property over the current amounts also rule it out.
When any of these applies, the alternative is standard dissolution on the grounds in Family Code section 2310: irreconcilable differences or permanent legal incapacity to make decisions. Our guide to the same-sex divorce process explains that route. Neither path is better than the other. Each fits a different set of facts.
Common Questions About Summary Dissolution in California
These four questions come up most often.
Cost. The filing fee is set by the court, and the current amount is on the court's fee schedule and at courts.ca.gov. A fee waiver is available through form FW-001 for those who qualify. Hiring an attorney is not required. Even so, the brochure required by section 2406 states that consulting one is in the parties' best interests.
Timeline. Six months from filing is the minimum under section 2403. Court processing can add time.
Downsides. The support waiver is permanent once judgment is entered. Appeal and new-trial rights are also given up. The brochure notes that an action to set aside the judgment for fraud, duress, accident, mistake, or similar grounds remains available. The right to revoke ends once an application for judgment is filed.
A spouse who won't cooperate. Without both signatures, the procedure cannot be used. The spouse who wants to end the marriage files a standard dissolution petition instead.
If You'd Like to Talk Through Whether This Path Fits
The conditions in section 2400 look like a checklist, but some items are harder to apply than they seem. A retirement account can push community property over the limit. The date of separation determines whether the marriage counts as five years or less. A domestic partnership registered years before the marriage is a separate relationship that still needs to be addressed. A consultation can go through each condition against the actual facts. That includes which relationships exist, which dates control, and whether a support waiver fits the situation. The firm practices California family law only.
To talk through how summary dissolution applies to your marriage or partnership, call LGBTDivorceLaw.com at (866) 343-4226 for a confidential consultation.