What Is a Summary Dissolution?
A summary dissolution is a streamlined divorce process for qualifying couples in California. Instead of one spouse filing a standard petition and the other spouse filing a response, both spouses file together and ask the court to end the marriage through the summary dissolution process.
This process is generally best for couples who are on the same page and do not need the court to decide disputed issues. Both spouses must agree that they want the divorce, that neither spouse will receive spousal support, and how property and debts will be divided.
Even though the process is simpler, it is still a legal divorce. Once the judgment becomes final, the marriage is legally ended.
Who Qualifies for Summary Dissolution?
California has specific requirements for summary dissolution. In general, every requirement must be met before the simplified process can be used.
- The marriage or domestic partnership lasted less than five years, measured from marriage or registration to separation.
- The spouses or partners do not have minor children together, adopted children together, and neither person is pregnant.
- The spouses or partners do not own real estate and do not lease real estate except for certain short residential leases.
- The spouses or partners have limited community property, limited separate property, and limited community debt under the current California Courts thresholds.
- Neither person is requesting spousal or partner support.
- Both people agree on the division of property and debts.
- The applicable California residency requirements are met.
Summary Dissolution vs. Uncontested Divorce
Summary dissolution and uncontested divorce are similar, but they are not the same thing.
A summary dissolution is a special simplified procedure available only to couples who meet California's strict requirements. An uncontested divorce is broader. It usually means both spouses agree on all issues, but the case still proceeds through the regular divorce process.
A couple may have an uncontested divorce but still not qualify for summary dissolution because they own a home, have children together, were married for more than five years, or need spousal support orders.
How the Summary Dissolution Process Works
The process generally involves gathering and exchanging financial information, preparing the required court forms, signing a written property agreement, and filing the paperwork with the court.
If the court accepts the paperwork, the divorce becomes final after California's required waiting period. The process can be simpler than a traditional divorce, but the paperwork still needs to be accurate.
Common Reasons Couples Do Not Qualify
Many couples who want a simple divorce are surprised to learn that they do not qualify for summary dissolution.
- The marriage lasted more than five years.
- The spouses have children together.
- One spouse wants spousal support.
- The spouses own a home.
- The spouses have too much debt or too much property.
- The spouses do not agree on how to divide property or debts.
- One spouse does not want to participate.
What If You Do Not Qualify?
If summary dissolution is not available, a regular divorce may be required. That does not necessarily mean the case needs to be contested.
If both spouses agree on all issues, they may still be able to proceed with an uncontested divorce or a stipulated judgment. A regular uncontested divorce can address longer marriages, children, child support, spousal support, real estate, retirement accounts, and more complicated property or debt issues.