Dissolution of Marriage and Legal SeparationSummary Dissolution
Section § 2400
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.
Section § 2401
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.
Section § 2402
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.
Section § 2403
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.
Section § 2404
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.
Section § 2405
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.
Section § 2406
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.