Couples who married or registered a domestic partnership a few years ago, have no children, and agree on how to divide what little they own together sometimes arrive at the same question: does California really require a full divorce proceeding for this? In many cases, the answer is no. California offers a streamlined alternative called summary dissolution — but it comes with a specific set of eligibility conditions, and every single one of them must be satisfied before the simplified path is available. This article walks through what summary dissolution is, who qualifies, what forms are involved, how the timeline works, and what happens when the process does not fit a couple's situation.
What Summary Dissolution Actually Means Under California Law
Summary dissolution is a simplified divorce procedure governed by Cal. Fam. Code §§ 2400–2406. It applies to both marriages and registered domestic partnerships. The defining feature is that no court hearing is required — if both parties agree, all eligibility criteria are met, and no one revokes the petition during the waiting period, the court enters a judgment of dissolution without either spouse ever appearing before a judge.
That stands in contrast to standard dissolution under Cal. Fam. Code §§ 2310–2313, which requires at least one court appearance and a more involved procedural path. Summary dissolution is also distinct from legal separation under Cal. Fam. Code § 2345, which does not end the marriage, and from nullity (annulment) under Cal. Fam. Code §§ 2200–2210, which applies only in narrow circumstances involving void or voidable marriages. Summary dissolution ends the marriage — or domestic partnership — entirely.
One thing the word "summary" does not mean is fast. The mandatory six-month waiting period under Cal. Fam. Code § 2339 applies just as it does in standard dissolution. "Summary" refers to the streamlined procedure — fewer forms, no hearing, a joint filing — not to an accelerated timeline.
The core filing is the FL-800 packet, the Joint Petition for Summary Dissolution. Both spouses sign and file it together. That joint requirement is fundamental: summary dissolution is not available to a spouse acting alone.
The Eligibility Requirements: All Eight Conditions Must Be Met
Cal. Fam. Code § 2400 sets out the eligibility criteria for summary dissolution, and the statute is unambiguous on one point — all conditions must be satisfied simultaneously. Missing even one disqualifies the couple from using this procedure.
Here is what the statute requires:
Length of marriage or domestic partnership. The marriage or registered domestic partnership must have lasted fewer than five years, measured from the date of marriage or registration to the date of filing.
No children. No children were born to or adopted by the couple before or during the marriage, and neither spouse is currently pregnant.
No real property. Neither spouse owns any real property — land or buildings — including any lease with an option to buy. Even a small equity interest in a home disqualifies the couple.
Debt threshold. The total unpaid debts incurred during the marriage must not exceed the current statutory threshold. That figure is adjusted periodically; the current amount is available at selfhelp.courts.ca.gov.
Community property threshold. The total fair market value of community property assets, excluding vehicles, must not exceed the current statutory threshold — also available at selfhelp.courts.ca.gov.
Separate property threshold. Each spouse's separate property, excluding vehicles, must not exceed the current statutory threshold.
Waiver of spousal support. Both spouses must agree to waive any right to spousal support. There is no room to reserve the issue for later — the waiver is a condition of eligibility.
FL-810 booklet. Both spouses must have read the Summary Dissolution Information booklet (FL-810) before filing. This is not a formality; Cal. Fam. Code § 2400 treats it as a substantive requirement.
Residency. At least one spouse must have lived in California for the last six months and in the county of filing for the last three months, consistent with Cal. Fam. Code § 2320. Registered domestic partnerships where both parties are California residents may have a different residency pathway — selfhelp.courts.ca.gov and Cal. Fam. Code § 2320 address those specifics.
For couples who are genuinely uncertain whether their assets or debts fall within the thresholds, that uncertainty itself is worth resolving before filing — a rejected petition adds delay rather than saving it.
The Forms Required and Where to File
The paperwork for summary dissolution is straightforward by design, though each form serves a specific purpose and none of them is optional.
FL-800 — Joint Petition for Summary Dissolution. This is the core filing. Both spouses sign it, and it initiates the case. It also contains the place to request name restoration — more on that below.
FL-810 — Summary Dissolution Information booklet. Both parties must read this before signing the FL-800. It covers the eligibility rules, the legal consequences of dissolution, and the process from filing through judgment. The Judicial Council publishes it; it is available at selfhelp.courts.ca.gov.
FL-820 — Property Settlement Agreement. Required when the couple has any community property or debts to divide. Even if the amounts are modest, the agreement documents how those assets and obligations are being allocated.
FW-001 — Fee Waiver Application. For qualifying low-income filers, a fee waiver may be available. The application is filed at the same time as the petition.
All forms are available through selfhelp.courts.ca.gov and at the local superior court clerk's office. For San Diego County filers, the case is filed at the San Diego Superior Court, Family Law Division. Current filing locations, hours, and the applicable filing fee are listed at sdcourt.ca.gov. Filing fees are set by statute and local rule and change periodically — the current amount should be confirmed directly through that page before filing.
The Six-Month Waiting Period and What Happens After Filing
Cal. Fam. Code § 2339 establishes that no dissolution judgment may be entered until six months have passed from the date of joint filing. That period is a floor, not a ceiling. Court processing times can extend the actual timeline beyond six months, and there is no mechanism to waive or shorten the waiting period.
During those six months, either spouse retains the right to revoke the petition. Revocation is accomplished by filing a Notice of Revocation (FL-830) with the court. This is a meaningful right — not a technicality. If one spouse has second thoughts about the dissolution itself, or about the terms in the Property Settlement Agreement, filing the FL-830 stops the process.
What revocation does not do is make the case disappear. If one spouse revokes, the case converts to a standard dissolution proceeding under Cal. Fam. Code §§ 2310–2313. The couple does not return to the status quo ante; they are now in a standard divorce.
If no revocation is filed and the six-month period passes, the court enters the judgment of dissolution without a hearing. The parties receive a Notice of Entry of Judgment — that document is the legal confirmation that the marriage or domestic partnership has ended.
One timing issue that catches people off guard: name restoration. If either spouse wants to restore a former name, that request must be included in the FL-800 petition at the time of filing. Unlike standard dissolution, there is no court hearing at which a name restoration can be raised later. Omitting it from the petition means a separate court process would be required afterward.
When Summary Dissolution Does Not Apply — and What the Alternatives Are
If any one of the eight eligibility conditions is not met, summary dissolution is unavailable. The couple must use standard dissolution under Cal. Fam. Code §§ 2310–2313. That is not a worse outcome — it is simply a different procedure, and for many couples it remains relatively streamlined, particularly when both parties agree on all terms and proceed by default judgment.
The most common disqualifiers in practice are real property ownership (even a small equity interest in a home or condo), a marriage that lasted longer than five years, minor children, and assets or debts that exceed the statutory thresholds. Any one of these closes the summary dissolution path.
Domestic partnerships not registered in California face different dissolution rules under Cal. Fam. Code § 299 and should not assume the summary dissolution procedure applies to their situation.
For couples who do not want to end the marriage entirely, legal separation under Cal. Fam. Code § 2345 allows a court to divide property and establish support arrangements while leaving the marriage legally intact. Nullity under Cal. Fam. Code §§ 2200–2210 is available only in specific circumstances — void marriages (such as bigamous ones) and voidable marriages — and is not a general alternative to dissolution.
San Diego Family Law Advocates handles both summary and standard dissolution matters. For couples who are uncertain whether they qualify for summary dissolution, confirming eligibility before filing avoids the delay of a rejected petition. That said, couples who are still in the early stages of deciding whether they need legal help at all may find that a brief consultation answers the eligibility question without committing to full representation.
Frequently Asked Questions
How long does summary dissolution take in California?
The minimum is six months from the date of joint filing, established by Cal. Fam. Code § 2339. Court processing time can extend this beyond six months. The waiting period cannot be waived or shortened under any circumstances.
Do both spouses have to agree to file for summary dissolution?
Yes — summary dissolution is a joint petition, and both spouses must sign and file together. If one spouse does not agree to file, summary dissolution is not available, and the spouse who wants to proceed must use standard dissolution instead.
Can we use summary dissolution if we own a car together?
Vehicles are specifically excluded from the community property asset threshold calculation under Cal. Fam. Code § 2400, so owning a car together does not automatically disqualify a couple. The couple still needs to address how the vehicle will be divided in the FL-820 Property Settlement Agreement.
What happens if we filed for summary dissolution but then changed our minds?
Either spouse may file a Notice of Revocation (FL-830) at any point during the six-month waiting period. Once revoked, the case does not simply end — it converts to a standard dissolution proceeding, which continues forward under Cal. Fam. Code §§ 2310–2313.
Does summary dissolution work for registered domestic partnerships in California?
Yes. Registered domestic partnerships may use summary dissolution under Cal. Fam. Code § 2400, provided all eligibility criteria are met. Domestic partnerships not registered in California are subject to different rules under Cal. Fam. Code § 299 and should verify which dissolution procedure applies to their situation.
Do we need a lawyer to file for summary dissolution?
California law does not require an attorney for summary dissolution. The eligibility rules are specific, though, and a rejected petition adds time rather than saving it. Couples with any uncertainty about whether they qualify — particularly around property thresholds, debt limits, or real property ownership — often find that a brief consultation clarifies the picture before they file.
What is the FL-810 booklet and do we really have to read it?
The FL-810 is the Summary Dissolution Information booklet published by the California Judicial Council. Cal. Fam. Code § 2400 requires that both spouses confirm they have read it before filing the FL-800 petition. It covers the eligibility rules, the process from filing through judgment, and the legal consequences of dissolution.
Can I restore my former name through summary dissolution?
Yes, but the request must be included in the FL-800 petition at the time of filing. There is no court hearing in summary dissolution at which a name restoration can be raised after the fact. If the request is omitted from the petition, a separate court proceeding would be required to accomplish the name change.
If You'd Like to Talk Through Your Situation
Summary dissolution is one of the narrower procedural paths in California family law — the eligibility conditions are specific, the forms are straightforward once you know which ones apply, and the timeline is fixed by statute. What a consultation can do is work through the facts of a particular situation: whether the asset and debt picture falls within the current thresholds, whether any real property interest exists that might not be obvious, and whether the joint-filing requirement is realistic given where both parties stand. For couples who are still deciding whether they need legal help at all, that eligibility question is often answerable in a single conversation. To talk through how summary dissolution applies to your situation, call San Diego Family Law Advocates at (858) 434-7782 for a free consultation.
Attorney Advertising. This article is published by San Diego Family Law Advocates and constitutes attorney advertising under California Business and Professions Code § 6157 and California Rules of Professional Conduct 7.1–7.5.
About this article. Reviewed by Amy J. Lass, CA Bar No. 246779. Last updated 2026-07-09.
Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article, contacting San Diego Family Law Advocates, or sending a message through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Specific legal questions about your situation should be directed to a licensed California family law attorney.