David Fagan

California Summary Dissolution - The Easy Way to Get Divorced

There's a quick, easy way to get a divorce called a summary dissolution. In a summary dissolution you won't have to talk to a judge you will only need to fill out a few forms.

Not everyone is qualified to get a summary dissolution; most people will need a regular divorce. To qualify for a summary dissolution you must meet all of the following requirements:

1) You have been married or registered domestic partners for less than 5 years.

2) You have no children together, including adopted children, children before or during the marriage or partnership, and neither is pregnant.

3) You do not own or have any interest in houses, condominiums, rental property, land, or a 1-year lease or option to buy.

4) You have built less than $5,000 in debts since the date of marriage or registered domestic partnership.

5) You do not own more than $33,000 worth of property that you acquired during the marriage or domestic partnership.

6) You do not have "separate property" worth more than $33,000 dollars, which does not include money you owe on the property or auto loans.

7) You both agree than you will never get spousal or domestic partner support

8) Finally you both must sign an agreement that divides your property and debts called a "property agreement".

There are courts in each of California's 58 counties where you can file the forms. The proper court to file your forms at is the court where you and your spouse live right now. Most likely you need to pay a fee for a summary dissolution, which usually costs $200. If you don't make much money you can ask the court for a fee waiver, if the court gives you the waiver you don't have to pay the court fees.

After you’ve filed your property agreement, summary dissolution, and joint petition you must wait 6 months. During those 6 months you won't be divorced and you can't get remarried until you finish the summary dissolution. If you decide you want to stop the divorce you can file a FL-830 with the court. When your 6 months is up to finalize your divorce you’ll need to fill out a request to judgment, which is form FL-820, and file it with the court. Your divorce is finalized as soon as you receive the "endorsed-filed copy".

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