The fastest route to an expedited divorce in California is called summary dissolution, a streamlined process under California Family Code Section 2400 that finalizes a marriage in six months with no court appearances, no service of process, and a single joint filing. It is only available to couples who meet every item on a strict eligibility list. Miss one, and you have to use a standard dissolution instead.
Who Qualifies
Both spouses must satisfy all of the following at the time of filing. There is no partial qualification.
- The marriage is less than five years old, measured from the wedding date to the date of separation.
- At least one spouse has lived in California for the past six months and in the filing county for the past three months.
- The couple has no minor children together, whether born before or during the marriage or adopted, and neither spouse is pregnant.
- Neither spouse owns or has an interest in real property anywhere. A residential lease is fine if it has no purchase option and expires within one year of filing.
- Total community property is worth less than $57,000, excluding cars and money still owed on encumbered assets. Retirement accounts and pensions count toward this cap.
- Combined unpaid debts incurred during the marriage do not exceed $7,000, excluding car loans.
- Each spouse’s separate property is also worth less than $57,000, again excluding cars and encumbrances.
- Both spouses agree in writing on how to divide every asset and debt.
- Both spouses waive any right to spousal support.
- Both spouses irrevocably give up the right to appeal the judgment or request a new trial.
These requirements come from California Family Code Section 2400.1California Legislative Information. California Family Code FAM 2400 The dollar thresholds are adjusted every two years based on the California Consumer Price Index and may change on January 1, 2027. The $57,000 and $7,000 figures are the current limits published by the Judicial Council.2California Courts. Find Out if You Qualify for Summary Dissolution
Check the value of any 401(k) or pension carefully before assuming you qualify. Retirement balances count toward the community property cap and can push a couple over the limit quickly.
The Forms and the Property Agreement
Summary dissolution runs on three core forms, all free from the California Courts website:
- Joint Petition for Summary Dissolution (FL-800), the filing that starts the case. Both spouses sign it.
- Summary Dissolution Information booklet (FL-810), which the statute requires both spouses to read and understand before filing.
- Judgment of Dissolution and Notice of Entry of Judgment (FL-825), which you prepare and submit upfront along with the petition.
Before filing, each spouse must also exchange financial disclosures so both sides have a clear picture of the marital finances.2California Courts. Find Out if You Qualify for Summary Dissolution The specific disclosure requirements are described in the FL-810 booklet. These disclosures go between the spouses and are not filed with the court.
The most important document you’ll create yourself is the property settlement agreement. It’s a signed contract listing every community asset and debt, explaining exactly how each will be divided, and confirming that both spouses waive spousal support. Attach the completed agreement to the Judgment of Dissolution (FL-825) when you file.3California Courts. Summary Dissolution Fill Out Forms This agreement is what makes the process work without a hearing, because it proves to the court there are no unresolved disputes. Take your time getting it right. Once the judgment is entered, both of you permanently lose the right to challenge it.
Filing and the Fee
Once both spouses have signed the Joint Petition and the property agreement is attached to the Judgment, file everything together at the superior court clerk’s office in your county. Make two copies of each form and the agreement. You’ll need the originals and both copies.3California Courts. Summary Dissolution Fill Out Forms
The filing fee for a joint summary dissolution petition is $435 as of January 1, 2026.4Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026 Riverside, San Bernardino, and San Francisco add a local courthouse construction surcharge, so the amount is slightly higher there. If you cannot afford the fee, apply for a fee waiver using Request to Waive Court Fees (FW-001).5California Courts. Request to Waive Court Fees
When the clerk accepts the petition, you get a case number and a filed-stamped copy. That filing date starts the six-month clock.
The Six-Month Wait and the Final Judgment
California imposes a mandatory six-month waiting period on every divorce, and summary dissolution is no exception.2California Courts. Find Out if You Qualify for Summary Dissolution There is no way to shorten or waive it. The clock runs from the date you filed the Joint Petition.
When the six months expire, the court enters the judgment automatically. You do not need to return to court or file anything additional.6California Legislative Information. California Family Code FAM 2403 The court signs the Judgment of Dissolution you submitted at the beginning, and the clerk mails a copy to each spouse. Your marriage ends on the date the judgment is entered.
Backing Out Before It’s Final
Either spouse can cancel the summary dissolution at any point during the six-month wait by filing a Notice of Revocation of Petition for Summary Dissolution (FL-830) with the court clerk.7California Courts. Notice of Revocation of Joint Petition for Summary Dissolution You don’t need the other spouse’s agreement. Once the revocation is filed, the clerk mails a copy to the other spouse, and the case is dead.8Judicial Council of California. California Courts Form FL-830 – Notice of Revocation of Petition for Summary Dissolution
A revocation is permanent for that case. You cannot un-revoke and pick up where you left off. If the couple still wants to divorce, they must start a standard dissolution from scratch.
If You Don’t Qualify
Couples who miss any eligibility requirement — children together, a marriage longer than five years, community property above $57,000, real estate, or disagreement on support or property division — must file a standard dissolution. That process uses a different petition, requires one spouse to formally serve the other with divorce papers, and involves financial disclosures filed with the court. Spouses who agree on everything can still pursue an uncontested standard dissolution and avoid a trial, though the paperwork is heavier.
The same six-month waiting period applies to a standard dissolution, so the fastest possible timeline is identical. Standard cases run longer when spouses disagree on property, support, or custody, and those disputes can push a divorce well past a year.
Taxes, Withholding, and Name Changes
Property transferred to your spouse as part of the divorce is not taxed at the time of transfer under federal law. No one owes income tax or capital gains tax on the transfer itself.9Office of the Law Revision Counsel. 26 U.S. Code 1041 – Transfers of Property Between Spouses or Incident to Divorce The receiving spouse takes the same tax basis the transferring spouse had, so any built-in gain is deferred rather than erased. This treatment applies to transfers within one year after the marriage ends or otherwise related to the divorce.
After the judgment is entered, submit a new Form W-4 to your employer so your federal withholding reflects your updated filing status.10Internal Revenue Service. A Change in Marital Status Affects Tax Filing Skipping this step can leave you with a significant balance due at tax time. The IRS Tax Withholding Estimator on irs.gov can help you set the right amount.
To change your name on your Social Security card, file Form SS-5 with the Social Security Administration. You’ll need the original divorce decree showing your new name along with a current, unexpired form of identity such as a driver’s license or passport.11Social Security Administration. Application for a Social Security Card – Form SS-5 Name-change cards do not count against the lifetime limit on replacement Social Security cards.