How to use California's summary dissolution process

Last updated 2026-07-10

What is California's summary dissolution and who is it for?

Summary dissolution is California's simplified divorce path for couples whose marriage was short and whose finances stayed simple. You file jointly, skip the courtroom entirely, and the court clerk processes the judgment without a judge ever calling your name. It's one of the easiest ways to end a marriage anywhere in the country.

The process runs on California Family Code sections 2400 through 2406 ^[1]. The Legislature built it for couples who don't need a judge to untangle complicated property, debt, or custody, because there isn't any. Both spouses agree on everything before the first form gets filed.

If your situation fits, this path saves you the stress of a court appearance and, often, real money. If it doesn't fit, forcing it usually backfires. The court rejects the petition and you restart the clock on a standard dissolution. So getting clear on eligibility before you do anything else is the only smart move.

What are the eligibility requirements for summary dissolution in California?

California courts publish the full list at their self-help center ^[2], and every single condition must be true. Miss one, and summary dissolution is off the table.

Here are all the requirements, grouped logically:

Residency and marriage length

• At least one spouse has lived in California for the past 6 months AND in the current county for the past 3 months.
• The marriage lasted fewer than 5 years (measured from the date of marriage to the date of separation).

Children

• No children were born to, adopted by, or are expected by the couple before or during the marriage.

Property and debt

• Neither spouse owns real estate (no houses, land, or any ownership interest in real property).
• Community property assets total less than $47,000 (excluding vehicles). This threshold is adjusted periodically by the Judicial Council ^[3].
• Separate property assets are each less than $47,000 (same threshold).
• Total community debts incurred during the marriage are less than $6,000 (excluding car loans). This figure is also subject to Judicial Council adjustment.

Spousal support

• Both spouses agree to waive any right to spousal support (alimony). Neither will ask for it now or in the future.

Written agreement

• The spouses have a signed written agreement dividing all community property and debts.

The asset thresholds above come from the Judicial Council's published instructions for form FL-810 ^[3]. These numbers have shifted over time, so verify against the current Judicial Council instructions before you rely on them.

One thing worth flagging: "community property" covers more than bank accounts and furniture. It includes retirement account contributions made during the marriage and any vested stock options. Couples sometimes underestimate their community estate and qualify on paper but not in reality. If you're unsure whether an asset counts, the California Courts self-help page on community property is a good starting point ^[2].

How does summary dissolution compare to a standard uncontested divorce?

Feature	Summary Dissolution	Standard Uncontested Divorce
Court hearing required	No	Sometimes (varies by county)
Who files	Both spouses jointly	One spouse (petitioner) serves the other
Children allowed	No	Yes
Real estate allowed	No	Yes
Property limit	~$47,000 community	No limit
Spousal support	Must be waived by both	Can be ordered or agreed
Can one spouse cancel	Yes, within 6 months	No (once filed, respondent must respond)
Minimum timeline	6 months	6 months (same mandatory waiting period)
Forms needed (approx.)	3-4	8-15 depending on issues

The minimum timeline is the same because California Family Code section 2339 sets a 6-month waiting period for all dissolutions ^[4]. Summary dissolution doesn't let you skip that clock. What it skips is the service of process, the formal response period, and the court appearance.

For a marriage that actually qualifies, summary dissolution is meaningfully simpler. For one that doesn't, standard uncontested divorce is the right path, and you can read more about that in our overview of divorce papers.

What forms do you need for California summary dissolution?

The Judicial Council publishes a specific packet for summary dissolution. These are the core forms ^[3]:

FL-800: Summary Dissolution Information Booklet. This isn't a form you file. It's the official instruction booklet, and both spouses must read it before filing. The court takes this seriously. The booklet explains the process, eligibility rules, and what each form does.

FL-810: Joint Petition for Summary Dissolution of Marriage. This is the main filing. Both spouses sign it. It certifies that you meet all the eligibility requirements and sets out the basic facts of your marriage.

FL-820: Notice of Revocation of Petition for Summary Dissolution. You don't file this unless one spouse decides to cancel (revoke) the petition during the 6-month waiting period. But you should know it exists.

FL-825: Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment. This is the final form. You file it after the 6-month waiting period expires to ask the court to formally enter the divorce judgment.

You'll also need a Property Settlement Agreement, which is not a Judicial Council form but a separate written document the two of you create (or use a template for) that divides your community property and debts. Some counties have local forms or requirements, so check your county court's website.

All Judicial Council forms are free to download at the California Courts website ^[3]. If you want a complete packet with instructions already filled in around your specific facts, services like DivorceClear offer a $149 document packet that includes the property settlement agreement and walks you through each field.

How do you actually file for summary dissolution, step by step?

Step 1: Confirm eligibility together. Both spouses go through the FL-800 booklet and the eligibility checklist. Do this before touching any other form. If there's any doubt about a threshold (asset values, marriage length, separation date), resolve it now.

Step 2: Draft and sign the property settlement agreement. Write out how you're dividing every piece of community property: bank accounts, vehicles, furniture, retirement contributions, debts. Both spouses sign it. Some couples notarize it for extra protection, though California law does not require notarization for this document.

Step 3: Complete and sign the FL-810. Fill in every field. Both spouses sign the petition in front of each other (or separately, but both signatures must be original). Make at least two copies: one for each spouse, one for your records after filing.

Step 4: File at the superior court clerk's office. Go to the family law division of the Superior Court in your county. Bring the original FL-810, your property settlement agreement, and payment for the filing fee. As of 2025, the filing fee is $435 in most California counties ^[5], though some charge slightly different amounts. Low-income filers can apply for a fee waiver using form FW-001.

Step 5: The 6-month waiting period begins. The clock starts the day the court clerk stamps your petition. During these 6 months, either spouse can revoke (cancel) the petition by filing FL-820. If one spouse files that form, the summary dissolution ends, and you'd need to start over, either with summary dissolution again or standard dissolution.

Step 6: File the FL-825 to finalize. After the 6-month period expires, either spouse files the FL-825 to request the judgment. There's typically a second fee at this step. In many counties it runs around $15 to $25 for the judgment entry, though this varies. Some courts require both spouses to sign the FL-825, so check your county's local rules.

Step 7: Receive the judgment. The court clerk processes the FL-825 without a hearing and mails the entered judgment to both spouses. Your marriage is now legally dissolved. The effective date of dissolution is the date the judgment is entered by the court, not the date you filed.

Total elapsed time: 6 months minimum, sometimes a few weeks longer if the court has a backlog processing the FL-825.

How much does summary dissolution cost in California?

Cost is one of the genuine advantages here. You're not paying for a court appearance, and if you handle the paperwork yourselves, you have no attorney fees.

Cost Item	Typical Amount
FL-810 filing fee (petition)	$435 (most counties) [5]
FL-825 filing fee (judgment)	$15-$25 (varies by county)
Fee waiver (FW-001), if eligible	$0
Attorney review (optional)	$200-$500/hr if you hire one
Document preparation service	$100-$200 flat

The $435 petition fee is set by California Government Code section 70670 ^[5]. Fee waivers are available for filers whose income falls below the Judicial Council's threshold, which scales with household size and is updated annually ^[6]. In 2025, a single-person household with monthly income below roughly $1,493 qualifies. The Judicial Council publishes the current chart with form FW-001-INFO.

If you can qualify for a fee waiver, summary dissolution can cost you nothing in court fees. That's unusual. Most states have no equivalent pathway.

Avoiding an attorney is realistic here because summary dissolution is built for self-represented filers. The FL-800 booklet is written in plain English. One caveat: if you have any retirement accounts in the community estate, dividing them properly requires a Qualified Domestic Relations Order (QDRO) or domestic relations order (DRO), which is a separate court order. Summary dissolution doesn't automatically split a retirement account, and getting that wrong has real financial consequences.

Can either spouse cancel a summary dissolution after filing?

Yes. Either spouse can revoke the petition at any time during the 6-month waiting period, without the other spouse's consent. California Family Code section 2402 preserves this right ^[1].

To revoke, the spouse who wants to cancel files form FL-820 with the same court. Once FL-820 is filed, the summary dissolution is over. If the couple still wants to divorce, they start fresh: either file a new joint petition for summary dissolution (if they still qualify and both agree), or one spouse files a standard dissolution petition.

This is a meaningful consumer protection. It stops a situation where one spouse feels pressured into signing the FL-810 and then has no way out. The revocation window is real and broad.

What you cannot do is extend the 6-month period. If neither spouse files the FL-825 within a reasonable time after the 6 months end, the petition doesn't turn into a divorce on its own. California Courts guidance notes that if the FL-825 is not filed, the petition eventually lapses and no dissolution occurs ^[2]. The couple would need to refile.

What happens to property and debt in a summary dissolution?

California is a community property state, which means assets and debts acquired during the marriage generally belong equally to both spouses ^[7]. In a summary dissolution, the court doesn't divide your property for you. You and your spouse do that yourselves in the written property settlement agreement you sign before filing.

The agreement must cover every community asset and debt. Vague language causes problems later. "We split everything equally" isn't enough. You need to specify which spouse gets which account, which car, and who takes each debt.

For vehicles, the party keeping a car should transfer the title through the California DMV after the judgment is entered. For joint bank accounts, banks typically want a copy of the judgment before removing a name.

Retirement accounts are the trap. The division you agreed to in your property settlement agreement doesn't automatically move money. You need a separate DRO (domestic relations order) that the plan administrator can process. Many people completing a summary dissolution skip this step and regret it years later when they try to claim their share of an ex-spouse's pension. Consult a retirement plan attorney for a flat-fee DRO if retirement funds are in your community estate.

Debts work differently. Your agreement can say Spouse A takes the credit card debt, but that doesn't release Spouse A from liability to the creditor if both names are on the account. You'll need to actually pay off or refinance joint debts to get the other spouse's name off creditor records.

Separate property (things owned before the marriage or received as gifts or inheritance during the marriage) stays with whoever owns it. You don't divide separate property in the settlement agreement, but it's smart to list it clearly so there's no future dispute.

For a broader look at how California divides assets and debts, the California Courts self-help section on property division is reliable ^[2].

Does summary dissolution cover spousal support?

No. One of the hard eligibility rules is that both spouses must waive any right to spousal support (alimony) forever. There is no option to include a spousal support order in a summary dissolution.

This is a real trade-off. If one spouse earned significantly more than the other, or if one spouse left work to run the household, that lower-earning spouse gives up a potentially valuable right by choosing summary dissolution. California Family Code section 4320 governs spousal support in standard dissolutions and lists factors including marriage length, standard of living, and earning capacity ^[8]. A short marriage of under 5 years typically produces only short-term support anyway, but giving up even that right is worth understanding before you sign.

If spousal support is something either spouse might want, summary dissolution is not the right path. A standard uncontested dissolution can include an agreed spousal support order. You can learn more about how alimony works in our article on alimony.

What are the most common mistakes people make with summary dissolution?

Misreading the date of separation. The 5-year marriage length rule is measured to the date of separation, not the filing date. If you've been separated for 8 months before filing, count back 8 months from filing day to get the effective marriage length. Couples who separated before they formalized the plan to divorce sometimes have more runway than they think.

Undervaluing community property. The $47,000 community property limit catches people because they forget about retirement contributions. If both spouses contributed to a 401(k) during the marriage, those contributions are community property. Underreporting that and then filing summary dissolution is filing a false certification to the court.

Not having a real written agreement. Some couples check the box on FL-810 that they have a written agreement, then never actually write one. The agreement isn't filed with the court during the initial petition, so the clerk can't catch this. But it becomes a serious problem after the divorce when one spouse disputes how something should be divided.

Forgetting to file the FL-825. The 6-month period runs and then nothing happens automatically. You have to actively file the FL-825. People get busy, lose track of the date, and suddenly a year has passed. Check your county court's rules on how long after the 6-month mark you can still file. Some courts have informal limits.

Ignoring the revocation right. If one spouse is on the fence, they might not realize they have 6 full months to change their mind. Understanding this right prevents rushed decisions.

Using outdated forms. Judicial Council forms are revised periodically. Using a form from two or three years ago can get you rejected. Always download directly from the California Courts website ^[3] right before filing.

Where do you file and where can you get help?

You file at the family law clerk's office of the California Superior Court in the county where either spouse has lived for at least the past 3 months. Each county runs its own court. Find yours through the California Courts court locator ^[9].

For self-help assistance, most California Superior Courts have a Self-Help Center staffed by legal facilitators who can answer procedural questions, review your forms for completeness (not provide legal advice), and point you to local resources. The Judicial Council maintains a directory of Self-Help Centers ^[2]. This is a genuinely useful free resource that many self-represented filers underuse.

Legal aid organizations help lower-income Californians who need more hands-on support. The California Courts website lists legal aid resources by county ^[9].

If you want help generating the full set of documents, including the property settlement agreement, without paying attorney hourly rates, a document preparation service is a practical middle path. DivorceClear offers a $149 packet that covers the complete summary dissolution paperwork. Whatever you use, verify that any prepared forms match the current Judicial Council versions before you file.

For context on what the broader divorce process looks like and how rates and patterns have shifted over time, the data in our divorce rate in America article gives useful background.

Frequently asked questions

How long does California summary dissolution take from start to finish?

The minimum is 6 months and one day, because California Family Code section 2339 mandates a 6-month waiting period for all dissolutions. In practice, most couples finish within 6 to 8 months. The extra time usually comes from gathering the FL-825 filing at the end or minor court processing backlogs. There is no way to shorten the 6-month clock.

Do both spouses have to be present when filing the summary dissolution petition?

No. Both spouses must sign the FL-810 joint petition, but only one of you needs to physically go to the courthouse to file it. The other spouse's original signature on the form is what matters. Some counties may have specific local requirements, so check the self-help section of your county Superior Court's website before assuming one person can handle the filing alone.

What if we have a car loan, does that disqualify us from summary dissolution?

Car loans are excluded from the $6,000 community debt limit. California Family Code section 2400 specifically carves out vehicle-secured debt when calculating whether you meet the debt threshold. So a large car loan alone won't disqualify you. However, the vehicle itself is community property if purchased during the marriage, so its equity counts toward the $47,000 community property asset limit.

Can we use summary dissolution if we have a domestic partnership instead of a marriage?

Yes. California extended summary dissolution to registered domestic partnerships. The same eligibility rules apply: partnership of under 5 years, no children, no real estate, property and debt under the thresholds, and mutual waiver of spousal support. The forms are the same FL-800, FL-810, FL-820, and FL-825 series. The Judicial Council confirmed this in its instructions for the FL-800 booklet.

What is the property settlement agreement and do we have to file it with the court?

The property settlement agreement is a private written contract you and your spouse sign that divides all community property and debts. You do not file it with the court as part of the summary dissolution petition. You certify on the FL-810 that you have one. Keep the signed original after the divorce is final; you'll need it if any dispute arises about who owns what.

Can we do a summary dissolution if we own a timeshare?

It depends. A timeshare is generally considered real property in California, and owning any interest in real property disqualifies you from summary dissolution under Family Code section 2400. There is a narrow exception: a lease with an option to buy does not count as ownership of real property for this purpose. If either spouse has any ownership interest in a timeshare, even a fractional deeded interest, summary dissolution is off the table.

What happens if we don't file the FL-825 after the 6-month waiting period?

Nothing happens automatically. The marriage stays legally intact until the FL-825 is filed and the court enters the judgment. The petition doesn't expire on a hard date in most counties, but courts can dismiss stale cases. If significant time passes, you may need to refile. Set a calendar reminder for the day after your 6-month period expires so you don't lose track.

Does summary dissolution affect health insurance coverage?

Yes. Once the divorce judgment is entered, you are no longer each other's legal spouse. If one spouse is on the other's employer health insurance, that coverage ends at dissolution. COBRA continuation coverage may be available for up to 36 months after the divorce under federal law. Plan for this before filing, especially if the 6-month clock will run during an open enrollment period.

Can one spouse file for summary dissolution without the other spouse's agreement?

No. Summary dissolution is inherently a joint process. Both spouses must sign the FL-810 petition. If your spouse won't cooperate, you cannot use summary dissolution. Your only option in that case is a standard dissolution petition, where you file alone, serve your spouse, and proceed through the standard response and judgment process.

Is there a fee waiver for the California summary dissolution filing fee?

Yes. File form FW-001 (Request to Waive Court Fees) at the same time as your FL-810. Eligibility depends on income relative to household size; the Judicial Council updates the income thresholds annually. A single-person household earning below roughly the federal poverty guidelines generally qualifies. The court clerk reviews the FW-001 and can waive all or part of the $435 filing fee.

Do we need a lawyer for California summary dissolution?

You are not required to have one. Summary dissolution is built for self-represented filers, and the FL-800 booklet walks through every step. That said, if your community estate includes retirement accounts, real estate (which would disqualify you), or any complexity, at minimum a one-hour attorney consultation is worth the cost. For a truly simple marriage with minimal assets, most couples handle this without an attorney.

Can we change our minds about the property division after filing FL-810 but before the judgment?

Yes, but it takes care. You can revoke the entire petition by filing FL-820, renegotiate your property settlement agreement, and then refile a new FL-810. The 6-month clock restarts from the new filing date. You cannot simply amend the FL-810 mid-process. If your disagreement is significant, it may signal that a standard dissolution with court oversight is more appropriate.

Will summary dissolution restore my former name?

Yes. You can request a name change as part of the summary dissolution. On form FL-825, there is a section for each spouse to request restoration of a former name. The judgment is then the legal document you use with the Social Security Administration, DMV, and other agencies to update your records. You do not need a separate court order for the name change.

Sources

1. California Legislative Information, Family Code sections 2400-2406: Summary dissolution is governed by California Family Code sections 2400-2406, including the eligibility rules and the right of either spouse to revoke the petition under section 2402.
2. California Courts, Self-Help Center, Divorce or Legal Separation: California Courts publishes the full eligibility checklist for summary dissolution and resources on community property division.
3. California Courts, Judicial Council Forms FL-800 and FL-810: The Judicial Council publishes the FL-800 booklet and FL-810 joint petition for summary dissolution; the FL-810 instructions specify the ~$47,000 property threshold and ~$6,000 debt threshold.
4. California Legislative Information, Family Code section 2339: California Family Code section 2339 mandates a 6-month waiting period before any dissolution judgment can be entered.
5. California Legislative Information, Government Code section 70670: California Government Code section 70670 sets the $435 filing fee for a petition for dissolution of marriage in Superior Court.
6. California Courts, Fee Waivers, Form FW-001-INFO: Fee waivers (FW-001) are available based on income thresholds updated annually by the Judicial Council; single-person households below approximately $1,493 monthly income in 2025 may qualify.
7. California Courts, Self-Help Center, Community and Separate Property: California is a community property state; assets and debts acquired during the marriage generally belong equally to both spouses.
8. California Legislative Information, Family Code section 4320: California Family Code section 4320 lists the factors courts consider when ordering spousal support in a standard dissolution, including marriage length, standard of living, and earning capacity.
9. California Courts, Find My Court, Court Locator: The California Courts website provides a court locator tool to find the correct Superior Court by county and lists legal aid resources by county.
10. California Courts, Judicial Council Form FL-825: Form FL-825 is the Request for Judgment filed after the 6-month waiting period; it includes a section for name restoration requests.