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Summary Dissolution
San Jose, California
A faster, simpler path to ending your marriage — for couples who meet California's strict eligibility requirements.
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A summary dissolution is a simplified divorce process available to couples who meet a specific and strict set of eligibility requirements. For those who qualify, it offers a faster, less expensive path to ending a marriage or domestic partnership without a court hearing or trial.
California intentionally limits summary dissolution to a narrow group of couples who meet every statutory requirement. If even one condition is not met, the process is unavailable, and the couple must pursue a standard divorce or another option.
California Law
Who Qualifies for Summary Dissolution in California
All of the following conditions must be true at the time of filing. There are no exceptions.
Marriage Requirements
Length of marriage
Less than five years must have passed from the date of marriage or domestic partnership registration to the date of separation
No minor children
The couple has no children together under the age of 18, whether biological or adopted, and neither party is pregnant
Financial Requirements
Limited community debt
Together, the couple owes less than $7,000 in debts incurred during the marriage, excluding car loans
Limited community property
The combined value of marital assets is less than $57,000, excluding vehicles. Retirement accounts such as 401(k)s and IRAs count toward this total
Limited separate property
Each spouse individually has less than $57,000 in separate property — assets acquired before the marriage, after separation, or through inheritance or gift. Vehicles are excluded
Property and Procedural Requirements
No real estate
Neither spouse owns or holds a lease on real estate. There is a limited exception if you rent the home or apartment where you live and the lease expires within one year of filing
Property agreement
Both spouses have signed a written agreement dividing all community assets and debts
Spousal support waiver
Both spouses permanently waive any right to spousal support. This waiver is irrevocable once the dissolution is final
Residency
At least one spouse must have lived in California for the past six months and in the county of filing for the past three months
The Process
How Summary Dissolution Works
A summary dissolution is a joint process. Both spouses file together by submitting a Joint Petition for Summary Dissolution along with a property settlement agreement and the required financial disclosure forms. In most cases, no court appearance is required.
After filing, the standard six-month waiting period applies before the dissolution becomes final. Either spouse may revoke the petition at any time during that waiting period by filing a Notice of Revocation with the court. If the petition is revoked and one or both spouses still wish to proceed with ending the marriage, they must file for a standard divorce.
The filing fee is approximately $435 to $450. Fee waivers are available for those who qualify based on income.
Alternatives
What Happens If You Do Not Qualify
Not qualifying for summary dissolution does not mean you are facing a lengthy contested divorce. Several alternatives are available depending on your circumstances.
As of January 1, 2026, California law created a new joint petition for dissolution under Senate Bill 1427. This option is available to any couple that agrees on all issues in their divorce, regardless of the length of the marriage, the amount of property, or whether children are involved. The process is similar to summary dissolution in that both spouses file together, but without the strict eligibility thresholds. Because this law is relatively new, many online resources still describe summary dissolution as the only joint filing option. That is no longer the case.
If there are disputed issues, a standard contested divorce is the appropriate path. James will evaluate your situation, explain which process applies to your circumstances, and help you move forward as efficiently as possible.
Speak Directly with James Chau
Schedule a free 20-minute consultation. No obligation. You will speak with James, not a staff member.
Why Clients Choose James Chau
Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
More than 15 years serving San Jose and Santa Clara County as a family law attorney
Direct communication with James throughout your case
Experience with both summary dissolution and standard divorce proceedings in Santa Clara County
Straightforward guidance on eligibility and the most appropriate process for your situation
Serves English, Mandarin, and Vietnamese speaking clients upon request
Frequently asked questions
Contact the Law Office of James Chau
The Law Office of James Chau, P.C. represents clients in San Jose and throughout Santa Clara County. If you are ready to speak directly with a San Jose divorce attorney, contact us online or call (408) 899-8364.