There are multiple ways to get divorced, some of which are simpler than others. A summary dissolution falls on the “simpler” end of the divorce spectrum. However, the process is only recommended for couples who meet specific criteria.
Summary Dissolution (Divorce) Explained
Most people consider divorces as long, complicated, and emotionally drawn out. While that is true in some cases, especially when couples disagree about how to divide assets or the arrangement of child custody and visitation decisions, some divorces don’t require the same level of paperwork and processing.
In that case, a summary dissolution is a potential option. The word dissolution means divorce, and it’s the term used by the court system. Most divorces in California use the regular dissolution process. According to the California Family Law Courts, a summary dissolution “…is a shorter and easier way…With this procedure, you will not have to appear in court. You may not need a lawyer, but it is in your best interest to see a lawyer about ending your marriage or domestic partnership.”
However, only some qualify. This is a good time to connect with a family law professional and learn whether or not summary dissolution is the right way to go for your divorce. You’ll probably need a single consultation, which can be done on a fee-only divorce mediation basis.
You May Qualify For A Summary Dissolution If…
Here are the qualifiers to move forward with a summary dissolution in California, and you must meet ALL of the criteria.
You meet the residency requirements
One of you must have lived in California for the last six months and in the county where you file for summary dissolution for the last three months (this does not apply to domestic partnerships; you may end your domestic partnership registered in CA whether you live here or not as long as you meet the additional criteria).
You do not have children together
Summary dissolutions use fewer divorce documents than a regular divorce. These add additional layers of processing and potential complications and are not part of the summary dissolution arrangement. If you have children together who are under 18 years of age (biological, foster, or adopted), you’ll need to move forward with a regular divorce.
That said, if you are both in agreement with zero to very minimal disputes or areas of concern, I highly recommend you work with a divorce and child custody mediator. It makes the process almost as simple as summary dissolution – and far more affordable than when you each retain an individual lawyer.
You have been married and/or in a domestic partnership five years or less
If the date you married or registered your domestic partnership and the date you officially separated from your legal spouse or domestic partner is less than five years ago, a summary dissolution will work. However, if that date is even a single day past the five-year point, you’ll need a regular divorce.
You own very little
Again, regular divorce proceedings handle any number of assets and asset values; summary dissolutions are designed for simplicity. Therefore you cannot:
- Own any real estate at all. This includes properties you’ve inherited or have your name on the title.
- If you rent or lease a living space, the rental agreement or lease must end within one calendar year of the dissolution.
- You have less than $47,000 worth of assets together and separately (assets include bank balances and furnishings owned). Cars are excluded
You can use FL 810 Worksheet VI to determine whether or not you still qualify based on what you own both separately and together.
You don’t owe very much
You cannot owe more than $6000 (excluding car loans) from the day you were legally joined until the day you legally separated.
Neither person wants spousal/domestic partner support
You cannot proceed with summary dissolution processes if either person wants or expects to receive spousal or domestic partner support. As with child custody and visitation agreements, spousal/domestic partner support entails extra documentation and processing.
You’re in complete agreement about the divorce
Everything must be agreed upon 100%. This means:
- You both fully support the divorce.
- Neither expects spousal or domestic partner support.
- You agree about how the assets/property (totaling less than $47,000) is being split.
If all of these apply to you, and you’ve consulted with a family law specialist to ensure you qualify, you have the green light to move forward with a summary dissolution.
What’s Needed To Complete A Summary Dissolution?
If you opt not to consult with a lawyer or family law mediator, the court provides DIY Summary Dissolution Instructions online. This includes a list of the forms you’ll need to complete and file with your county of residence (or the county where your domestic partnership was filed if you live outside the state):
- Joint Petition for Summary Dissolution (Form FL-800)
- Judgment of Dissolution and Notice of Entry of Judgment (Form FL-825)
Once those are filed by the court, the summary dissolution is finalized in six months. If one of you wants to back out and stop the proceedings, you’ll file a Notice of Revocation of Petition for Summary Dissolution (FL-830). However, if the other party still wants the divorce, the process starts over again through regular divorce proceedings.
Learn Whether Or Not You Qualify For A Summary Dissolution
Are you in a legal marriage or domestic partnership where both parties are on board with divorce and you feel you meet the criteria for a summary dissolution? Then, schedule a consultation with the Law Offices of Gerard A. Falzone. For a single, affordable fee, we will ensure you qualify, fill out all the necessary forms, and file them with the courts to ensure your divorce is finalized without being kicked back due to a paperwork error.
If it turns out you don’t meet all of the criteria, our divorce mediation proceedings are the next best thing, which saves hundreds or thousands of dollars by streamlining the regular divorce paperwork process and keeping you away from hefty lawyer fees or time wasted in court. Contact us to get started.