Summary Dissolution in a California Divorce

Summary Dissolution in a California Divorce – Know Your Options

California summary dissolution laws and procedures that allow spouses to start and finish a divorce without going through the typical extended process. To determine whether or not California summary dissolution is an available option, we first have to look at California Family Code section 2400 and determine if all of its elements are met. These elements are:

  • "There are no children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, and neither party, to that party’s knowledge, is pregnant."
  • "The marriage is not more than five years in duration as of the date of separation of the parties."
  • "Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements": "(a) The lease does not include an option to purchase and (b) The lease terminates within one year from the date of the filing of the petition."
  • "There are no unpaid obligations in excess of four thousand dollars ($4,000) incurred by either or both of the parties after the date of their marriage, excluding the amount of any unpaid obligation with respect to an automobile."
  • "The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than twenty-five thousand dollars ($25,000), and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of twenty-five thousand dollars ($25,000)."
  • "The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement."
  • "The parties waive any rights to spousal support."
  • "The parties, upon entry of the judgment of dissolution of marriage pursuant to Section 2403, irrevocably waive their respective rights to appeal and their rights to move for a new trial."
  • "The parties have read and understand the summary dissolution brochure provided for in Section 2406."
  • "The parties desire that the court dissolve the marriage."

The numbers stated above may change from year to year. What we wrote above is current as of October of 2018.

About the Author

B. Robert Farzad

B. Robert Farzad is the president of Farzad Family Law, APC. Mr. Farzad is actively involved in the firm's divorce and parentage ca...
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