Qualifications for Joint Summary Dissolution
In order to qualify for a Summary Dissolution you and your spouse must (1) have been married less than 5 years (2) have no children together and are not currently expecting a child (3) do not own any property or land (4) do not owe more than $6,000 in debts acquired during your marriage (Do not count car loans) (5) have less than $40,000 worth of property acquired during your marriage (Do not count your cars); (6) do not have separate property worth more than $40,000 (7) agree that neither spouse will ever get spousal support; (8) have signed an agreement that divides your property and debts Additional Requirements - You or your spouse have lived in California for the last 6 months and in the county where you will file for the last 3 months
Filing the required Paperwork
Once you have determined that you qualify for summary dissolution, you must file the correct forms with your local courthouse. You can obtain the necessary forms through your court website or get a hard copy from the courthouse. First, you must read the booklet called Summary Dissolution of Marriage; also referred to as FL-810. Use this booklet and the included worksheets as a guide to help you file with the court clerk. After you have read the booklet, you and your spouse must fill out and sign form FL-800 - Joint Petition for Summary Dissolution. You and your spouse will then have to fill out a Declaration of Income and Expenses (FL-150) and exchange it with the other party. You must also file a property agreement with the court. You can write your own property settlement or use the worksheet provided in the booklet. You and your spouse must both agree and sign the property agreement. Attach it to the joint petition FL-800 and file it with the court. File FL-825 - Judgment of Dissolution and Notice of Entry of Judgment. Make two copies of all the forms you file. The court clerk will keep the original and give back the two copies stamped "Filed." Provide one of the copies to your spouse. Also include two self addressed stamped envelopes, so the court clerk can mail you back the Judgment of Dissolution - FL825.
6 Months of Waiting
You must wait at least 6 months from the date you filed your petition for Joint Summary Dissolution of Marriage. After the required 6 month waiting period has passed, the court clerk will mail you back the FL-825 with the effective date of your divorce.
