Section § 2400

Explanation

This law outlines the conditions for using a simplified process to end a marriage, called summary dissolution. To qualify, the marriage must be less than five years old, with no children from the relationship. Neither partner can own real estate, except for a short-term lease, and debt other than car loans must be under $4,000. Assets must be less than $25,000, excluding cars and certain plans. Both parties must agree to divide assets and debts, waive spousal support, and not appeal or seek a new trial. Both must have read a dissolution brochure and wish for the court to dissolve the marriage. Financial limits are updated every odd year based on inflation.

(a)CA Family Law Code § 2400(a) A marriage may be dissolved by the summary dissolution procedure provided in this chapter if all of the following conditions exist at the time the proceeding is commenced:
(1)CA Family Law Code § 2400(a)(1) Either party has met the jurisdictional requirements of Chapter 3 (commencing with Section 2320) with regard to dissolution of marriage.
(2)CA Family Law Code § 2400(a)(2) Irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved.
(3)CA Family Law Code § 2400(a)(3) 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.
(4)CA Family Law Code § 2400(a)(4) The marriage is not more than five years in duration as of the date of separation of the parties.
(5)CA Family Law Code § 2400(a)(5) 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)CA Family Law Code § 2400(a)(5)(A) The lease does not include an option to purchase.
(B)CA Family Law Code § 2400(a)(5)(B) The lease terminates within one year from the date of the filing of the petition.
(6)CA Family Law Code § 2400(a)(6) 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.
(7)CA Family Law Code § 2400(a)(7) 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).
(8)CA Family Law Code § 2400(a)(8) 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.
(9)CA Family Law Code § 2400(a)(9) The parties waive any rights to spousal support.
(10)CA Family Law Code § 2400(a)(10) 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.
(11)CA Family Law Code § 2400(a)(11) The parties have read and understand the summary dissolution brochure provided for in Section 2406.
(12)CA Family Law Code § 2400(a)(12) The parties desire that the court dissolve the marriage.
(b)CA Family Law Code § 2400(b) On January 1, 1985, and on January 1 of each odd-numbered year thereafter, the amounts in paragraph (6) of subdivision (a) shall be adjusted to reflect any change in the value of the dollar. On January 1, 1993, and on January 1 of each odd-numbered year thereafter, the amounts in paragraph (7) of subdivision (a) shall be adjusted to reflect any change in the value of the dollar. The adjustments shall be made by multiplying the base amounts by the percentage change in the California Consumer Price Index as compiled by the Department of Industrial Relations, with the result rounded to the nearest thousand dollars. The Judicial Council shall compute and publish the amounts.

Section § 2401

Explanation

If you're looking to end your marriage using a simplified process called 'summary dissolution,' you both need to start by filing a joint petition. This must be done in a specific format set by the Judicial Council. Both you and your spouse have to sign this petition under oath, confirming that all requirements from another section have been met. Additionally, you must include your mailing addresses and indicate if either of you wants to revert to a previous last name, specifying which name it is.

(a)CA Family Law Code § 2401(a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council.
(b)CA Family Law Code § 2401(b) The petition shall be signed under oath by both spouses and shall include all of the following:
(1)CA Family Law Code § 2401(b)(1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met.
(2)CA Family Law Code § 2401(b)(2) The mailing address of each spouse.
(3)CA Family Law Code § 2401(b)(3) A statement whether a spouse elects to have their former name restored and, if so, the name to be restored.

Section § 2402

Explanation

If a couple has started a quick and simple divorce process called a summary dissolution in California, either person can stop it at any time before the final paperwork is submitted. To do this, they need to file a form with the court that initially handled the case, stating they want to cancel the process. They must also mail a copy of this cancellation notice to their spouse's last known address.

(a)CA Family Law Code § 2402(a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter.
(b)CA Family Law Code § 2402(b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in a form and content as shall be prescribed by the Judicial Council.
(c)CA Family Law Code § 2402(c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other party’s last known address.

Section § 2403

Explanation

After a couple files for a summary dissolution, meaning a quicker and simpler divorce process, the court will finalize the divorce after six months if neither person backs out. This makes both people officially single, and they can remarry if they want. The court will also send out a notice to each person to let them know about the finalized divorce.

When six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has been filed pursuant to Section 2402, enter the judgment dissolving the marriage. The judgment restores to the parties the status of single persons, and either party may marry after the entry of the judgment. The clerk shall send a notice of entry of judgment to each of the parties at the party’s last known address.

Section § 2404

Explanation

When a judgment is made under Section 2403, it finalizes the marriage situation and property rights for both parties. This also means they are giving up any rights to spousal support, and they cannot appeal or ask for a new trial.

Entry of the judgment pursuant to Section 2403 constitutes:
(a)CA Family Law Code § 2404(a) A final adjudication of the rights and obligations of the parties with respect to the status of the marriage and property rights.
(b)CA Family Law Code § 2404(b) A waiver of their respective rights to spousal support, rights to appeal, and rights to move for a new trial.

Section § 2405

Explanation

This section explains that if a judgment has been made under certain conditions, it doesn't stop either party from taking action to overturn that judgment for reasons like fraud or mistake. The court can cancel everything in the judgment except the marital status if it's proven that the initial requirements weren't met when filing.

(a)CA Family Law Code § 2405(a) Entry of the judgment pursuant to Section 2403 does not prejudice nor bar the rights of either of the parties to institute an action to set aside the judgment for fraud, duress, accident, mistake, or other grounds recognized at law or in equity or to make a motion pursuant to Section 473 of the Code of Civil Procedure.
(b)CA Family Law Code § 2405(b) The court shall set aside a judgment entered pursuant to Section 2403 regarding all matters except the status of the marriage, upon proof that the parties did not meet the requirements of Section 2400 at the time the petition was filed.

Section § 2406

Explanation

This law requires each superior court to offer a brochure, created by the Judicial Council, that explains divorce proceedings in simple terms. The brochure, available in English and Spanish, advises parties to consult an attorney and should not be used as a sole guide for representing themselves in divorce. It includes a summary of relevant legal procedures and notes that parties cannot obtain spousal support from each other in the future. It also warns, in bold, that once the divorce judgment is entered, it finalizes marriage-related rights and obligations, with no options for appeal except under specific conditions like fraud or mistake. Lastly, it outlines that individuals remain married until the divorce is officially completed.

(a)CA Family Law Code § 2406(a) Each superior court shall make available a brochure, the contents and form of which shall be prescribed by the Judicial Council, describing the requirements, nature, and effect of proceedings under this chapter. The brochure shall be printed and distributed by the Judicial Council in both English and Spanish.
(b)CA Family Law Code § 2406(b) The brochure shall state, in nontechnical language, all the following:
(1)CA Family Law Code § 2406(b)(1) It is in the best interests of the parties to consult an attorney regarding the dissolution of their marriage. The services of an attorney may be obtained through lawyer referral services, group or prepaid legal services, or legal aid organizations.
(2)CA Family Law Code § 2406(b)(2) The parties should not rely exclusively on this brochure which is not intended as a guide for self-representation in proceedings under this chapter.
(3)CA Family Law Code § 2406(b)(3) A concise summary of the provisions and procedures of this chapter and Sections 2320 and 2322 and Sections 2339 to 2344, inclusive.
(4)CA Family Law Code § 2406(b)(4) The nature of services of the conciliation court, where available.
(5)CA Family Law Code § 2406(b)(5) Neither party to the marriage can in the future obtain spousal support from the other.
(6)CA Family Law Code § 2406(b)(6) A statement in boldface type to the effect that upon entry of the judgment, the rights and obligations of the parties to the marriage with respect to the marriage, including property and spousal support rights, will be permanently adjudicated without right of appeal, except that neither party will be barred from instituting an action to set aside the judgment for fraud, duress, accident, mistake, or other grounds at law or in equity, or to make a motion pursuant to Section 473 of the Code of Civil Procedure.
(7)CA Family Law Code § 2406(b)(7) The parties to the marriage retain the status of married persons and cannot remarry until the judgment dissolving the marriage is entered.
(8)CA Family Law Code § 2406(b)(8) Other matters as the Judicial Council considers appropriate.