FL-810

SUMMARY DISSOLUTION 

INFORMATION

This booklet is available in English and Spanish from the office of the court clerk in the superior court of each county in 
and 
California, or at  

Este folleto puede obtenerse en inglés y en español en la Dirección de Registro Público del Condado (Office of 
the Court Clerk) o en la Corte Superior (Superior Court) de cada condado en el estado de California o en el sitio 

y

Form Adopted for Mandatory Use  
Judicial Council of California  
FL-810 [Rev. September 1, 2021]

Family Code, §§ 2400–2406 

CONTENTS

1

2 3

4

5

6

8

Page

I. WHAT IS THIS BOOKLET ABOUT?  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

ll.

SOME TERMS YOU NEED TO KNOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

III.

WHO CAN USE THE SUMMARY DISSOLUTION PROCEDURE?

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IV.

V.

AN IMPORTANT DIFFERENCE BETWEEN SUMMARY DISSOLUTION
AND REGULAR DISSOLUTION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HOW DO YOU FIGURE OUT THE VALUE OF YOUR PROPERTY
AND THE AMOUNT OF YOUR DEBTS?

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

VI.

SAMPLE WORKSHEET FOR DETERMINING VALUE OF SEPARATE PROPERTY

. . .  . . . . . . . . . . . . .

SAMPLE WORKSHEET FOR DETERMINING VALUE AND DIVISION OF COMMUNITY PROPERTY

 . . .

SAMPLE WORKSHEET FOR DETERMINING COMMUNITY OBLIGATIONS AND THEIR DIVISION

. . . .

10

VII.

WHAT SHOULD BE INCLUDED IN THE PROPERTY SETTLEMENT AGREEMENT?

. . . . . . . . . . . . . . . 

12

VIII.

SAMPLE PROPERTY SETTLEMENT AGREEMENT

. . . . . . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

IX.  

WHAT STEPS DO YOU HAVE TO TAKE TO GET A SUMMARY DISSOLUTION?

. . . . . . . . . . . . . . . . . . 

16

X.  

WHAT YOU SHOULD KNOW ABOUT REVOCATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . . .

18

XI.  

SHOULD YOU SEE A LAWYER?

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

XII.  

SOME GENERAL INFORMATION 

 . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

i.

i.

This booklet describes a way to end a marriage, a domestic partnership, or both through a kind of divorce called  
summary dissolution.  

he official word for divorce in California is dissolution. There are two ways of getting a divorce, or dissolution, in  

California. The usual way is called a regular dissolution.    

ummary dissolution is a shorter and easier way. But not everybody can use it. Briefly, a summary dissolution is possible  

for couples who

1.   have no children together;
2.   have been married and/or in a domestic partnership five years or less (this means that the time between the date 
you married or registered your domestic partnership and the date you separated from your spouse or domestic 
partner is five years or less);

3.   do not own very much;
4.   do not owe very much; 
5.   do not want spousal or domestic partner support from each other; and
6.  have no disagreements about how their belongings and their debts are going to be divided up once they are no    

longer married to or in a domestic partnership with each other.

With this procedure, you will not have to appear in court. You may not need a lawyer, but it is in your best interest to see a 
lawyer about the ending of your marriage or domestic partnership. See page 19 for more details about how a lawyer can  
help you.

For a summary dissolution, you prepare and file a Joint Petition for Summary Dissolution 
property settlement agreement,*
                                                     with the superior court clerk in your county. You will also prepare and turn in a Judgment 
                                                                                                 . Your divorce, ending your marriage and/or your domestic  
of Dissolution and Notice of Entry of Judgment
partnership, will be final six months after you file your Joint Petition for Summary Dissolution. During the six months while  
you wait for your divorce to become final, either of you can stop the process of summary dissolution if you change your  
                                                                                                                                                             , and that will stop the  
mind. One of you can file a Notice of Revocation of Petition for Summary Dissolution
divorce. If either one of you still wants to get divorced, then that person will have to file for a regular dissolution with a  
Petition—Marriage/Domestic Partnership 
                                                                                         unless you both agree to start a new summary dissolution 
process.

, together with a

IMPORTANT! Domestic partners who qualify for a summary dissolution can choose to use the process described in this  
booklet OR a special summary dissolution for domestic partners through the California Secretary of State. You can find  
the California Secretary of State forms at  
There is no filing fee for this process.  If you choose to file  
to terminate your domestic partnership through the Secretary of State, do not use this guide.

This booklet will tell you

1.  who can use the summary dissolution procedure;
2.  what steps you must take to get a summary dissolution;
3.  when it would help to see a lawyer; and
4.  what risks you take when you use this procedure rather than the regular dissolution procedure.

If you wish to use the summary dissolution procedure, you must, at the time you file the joint petition, sign a statement  
that says you have read and understood this booklet. It is important for you to read the whole booklet very carefully. 

ave this booklet for at least six months if you decide to start a summary dissolution. If you decide you want to stop the  

summary dissolution process and revoke your petition, it will tell you how to do that.

  T

  S

  S

I . WHAT IS THIS BOOKLET ABOUT?

If you are an undocumented person who became a lawful permanent resident on the basis of your marriage to a U.S.  
citizen or to a lawful permanent resident, obtaining a dissolution within two years of your marriage may lead to your  
deportation. You should consult a lawyer before obtaining a divorce.

SPECIAL WARNING

* A property settlement agreement is an agreement that the two of you write or have someone write for you after you fill out the worksheets in this  
booklet. The agreement spells out how you will divide what you own and what you owe.

-1-

In the following pages, you will often see the terms community property, separate property, and community obligations. 
Those terms are explained in this section.  

s a married couple or domestic partners, the two of you are, in the eyes of the law, a single unit. There are certain things 

that you own together rather than separately. And there may be certain debts that you owe together. If one of you  
borrows money or buys something on credit, the other one can be made to pay.   

f your marriage or domestic partnership breaks up, you become two separate individuals again. Before that can happen,  
you have to decide what to do with the things you own as a couple and the money you owe as a couple.  

he laws that cover these questions contain the terms community property, separate property, and community  
obligations. To understand what these terms mean, you should have a clear idea of the length of time you lived  
together as spouses or domestic partners. This is the period between the day you married or registered your domestic  
partnership and the day you separated.  

t may not be easy to decide exactly when you separated. In most cases, the day of the separation is the day the couple  
stopped living together. However, you may want to choose the day when you definitely decided to get a divorce and took  
some action to show this (like telling your spouse or domestic partner that you wanted a divorce).

Community Property
Community property is everything spouses or registered domestic partners own together. 

In most cases that includes

1.  money you now have that either of you earned during the time you were living together as spouses or domestic 
     partners; and
2.  anything either of you bought with money earned during that period. It does not matter if only one of you earned or 
     spent the money.

Separate Property 
Separate property is everything spouses or registered domestic partners own separately from each other.

In most cases that includes

1.  anything either of you owned before you got married or registered your domestic partnership;
2.  anything either of you earned or received after your separation; and 
3.  anything either of you received, as a gift or by inheritance, at any time.

Community Obligations
Community obligations are the debts spouses or registered domestic partners owe together.

In most cases that includes anything you still owe on any debts either of you acquired during the time you were living  
together as spouses or registered domestic partners. (For instance, if you bought furniture on credit while you were  
married or domestic partners and living together, the unpaid balance is a part of your community obligations.) It usually  
does not matter if the debt was in the name of one spouse or domestic partner only, like on a credit card.  

OTE: If you have any questions about your separation date or about your property, it would be good to see a lawyer as  
these issues can be complicated. Also, if you lived together before your marriage or domestic partnership, you may wish  
to see a lawyer about possible additional rights either of you may have.

  A

  I

  T

  I

  N

Il.  SOME TERMS YOU NEED TO KNOW

-2-

III. WHO CAN USE THE SUMMARY DISSOLUTION PROCEDURE?

You can use the summary dissolution procedure only if all of the following statements are true about you at the time you  
file the Joint Petition for Summary Dissolution (form      
statements is not true for you, you cannot get a divorce in this way.

). Check this list very carefully. If even one of these 

1. We have both read this booklet, and we both understand it.

2. We have been married or registered as domestic partners five years or less between the date that we got       

married and/or registered our domestic partnership and the date we separated. (Note that if you are trying to      
end both a marriage AND a domestic partnership at the same time through a summary dissolution, both your     
marriage and domestic partnership must have lasted five years or less.)

3. No children were born to the two of us together before or during our marriage and/or domestic partnership.

4. We have no adopted children under 18 years of age.

5. Neither one of us is pregnant.

6. Neither of us owns any part of any land or buildings.

7. Our community property is not worth more than $47,000. (Do not count cars in this total.)

8. Neither of us has separate property worth more than $47,000. (Do not count cars in this total.)

9. The total of our community obligations (other than cars) is $6,000 or less.

For deciding on statements 7, 8, and 9, use the guide on pages 5–11.

10. a.  At least one of us has lived in California for the past six months or longer and has lived in the county  

where we are filing for dissolution for the past three months or longer; or 

b.  We are only asking to end a domestic partnership registered in California; or
c. We are the same sex and were married in California but are not residents of California. Neither of us  
lives in a place that will allow us to divorce. We are filing this case in the county in which we married.

11. We have prepared and signed an agreement that states how we want our possessions and debts to be       

divided between us (or states that we have no community property or community obligations).

12. We have both signed the joint petition and all other papers needed to carry out this agreement.

13. Together with the joint petition, we will turn in the judgment of dissolution forms and two self-addressed        

stamped envelopes to the superior court.

14. We both want to end the marriage and/or domestic partnership because of serious, permanent differences.

15. We have both agreed to use the summary dissolution procedure rather than the regular dissolution procedure.

16. We are both aware of the following facts:

a.  There is a six-month waiting period, and either of us can stop the divorce at any time during this period.
b.  The date that appears on the Judgment of Dissolution of Marriage and Notice of Entry of Judgment 

(form             ) we receive from the court as the "effective date" of the dissolution is the date our divorce 
will be final, unless one of us has asked to stop the divorce prior to that effective date.

c. After the dissolution becomes final, neither of us has any right to expect money or support from the other  

except that which is included in the property settlement agreement.     

d. By choosing the summary dissolution procedure, we give up certain legal rights that we would have if we 

had used the regular dissolution procedure. These rights are explained on page 4.      

-3-

IV.  AN IMPORTANT DIFFERENCE BETWEEN SUMMARY DISSOLUTION 
AND REGULAR DISSOLUTION

With a regular dissolution, either spouse or domestic partner can ask for a court hearing or trial. And with a regular 
dissolution, if either spouse or domestic partner is unhappy with the judge’s final decision, it is possible to challenge that 
decision. This can be done, for example, by asking for a new trial. It is also possible to appeal the decision by taking the 
case to a higher court.

With a summary dissolution, there is no trial or hearing. Couples who choose this method of getting a divorce do not  
have the right to ask for a new trial (since there is no trial) or the right to appeal the case to a higher court.

There are, however, some cases in which a divorce agreement under a summary dissolution can be challenged. You will  
have to see a lawyer about this. The court may have the power to set aside the divorce if you can show that one of the  
following things happened:

1.   You were treated unfairly in the property settlement agreement.

This is possible if you find out that the things you agreed to give your spouse or domestic partner were much more 
valuable than you thought at the time of the dissolution.

2.   You went through the dissolution procedure against your will.

This is possible if you can show that your spouse or domestic partner used threats or other kinds of unfair pressure to 
get you to  go along with the divorce.

3.   There are serious mistakes in the original agreement.

Some kinds of mistakes can make the dissolution invalid, but you will have to go to court to prove the mistakes. It may  
be that one or both of you had a lot of property that you had forgotten about when you drew up the property settlement 
agreement. Or maybe a bank account mentioned in the agreement had much more money or much less money in it 
than your agreement states.

4.  Neither of you complied with preliminary disclosure requirements.  

California law requires that you fully share all information about your property and debts as well as your income. You  
have to share this information before you sign your property settlement agreement.

In summary dissolution cases, this means that you and your spouse or domestic partner must each complete and  
exchange: (1) an Income and Expense Declaration                                                                                                          
(2) all tax returns you filed in the last two years, and 
and either a Schedule
(3) the property worksheets on pages 7, 9, and 11 (or a Declaration of Disclosure
                                                                                                                                                                                             
of Assets and Debts

or a Property Declaration

).

In addition, each spouse or domestic partner must complete and give to the other spouse or domestic partner a written 
statement about any investment opportunity, business opportunity, or other income-producing opportunity that  
developed since the date you separated which was based on any investment made, significant business done, or  
other income-producing opportunity that was presented to you between the date you married or became domestic  
partners and the date you separated.

Correcting mistakes and unfairness in a summary dissolution proceeding can be expensive, time-consuming, and  
difficult. It is very important for both of you to be honest, cooperative, and careful when you or your lawyers do the  
paperwork for the dissolution.

-4-

V.  HOW DO YOU FIGURE OUT THE VALUE OF YOUR PROPERTY AND THE 
AMOUNT OF YOUR DEBTS?

Section III, page 3, lists statements that must be true if you want to use the summary dissolution procedure.

Statement 7 reads: “Our community property is not worth more than $47,000.”

Your community property is the money and things you own jointly as spouses or domestic partners. This was explained  
on page 2. The value of your community property is determined by adding together (1) the amount of money you have as  
community property and (2) the “fair market value” of the possessions you have as community property.

The fair market value is an estimate of the amount of money you could get if you sold these items to a stranger—for  
example, through a classified ad in the newspaper. It does not mean what you paid for it originally, and it does not mean  
how much it would cost you to replace it if you lost it.

One way of estimating the fair market value of your goods is to use prices for equivalent items in other people's classified 
ads for secondhand goods.

Three kinds of items go into figuring out your community property:

1.  Money (as in bank accounts and credit union accounts);
2.  Things you own outright (furniture that is already paid for, for example); and 
3.  Things you are buying on credit.

When you include things you still owe money on, subtract the amount of money you still owe on them from the fair market 
value.

You should not include the value of a car in this list.

Statement 8 reads: “Neither of us has separate property worth more than $47,000.”

Separate property is property that each spouse or domestic partner owns separately. The term is explained on page 2. 
Separate property includes the same kinds of things used in determining community property. And again, you should not 
include cars in this list.

Statement 9 reads: “The total of our community obligations (other than cars) is $6,000 or less.”

Your community obligations are the debts that you and your spouse or domestic partner owe jointly. The term is explained 
on page 2. List all the debts you have that you took on while you were living together as spouses or domestic partners. If 
you borrowed money before you got married or registered your domestic partnership, you do not have to include that in 
your community obligations. If you bought furniture on credit after you got married or registered your domestic partnership 
but before you separated, you have to include the amount of money you still owe on the furniture. If you bought a stereo 
after you separated, you do not have to include that.

Do not include car loans in this list.

NOTICE: The law for summary dissolution allows you to leave out cars when you figure out whether you are eligible for 
this kind of divorce. But if you do have cars as part of your community property, you still have to decide who is going to 
own them (and who is going to pay for them) after your divorce. You must include them in your property settlement  
agreement.

Worksheets to help you figure out these amounts are found on pages 6–11. You may use the following forms in this  
booklet to figure out the total of your community and separate property assets and obligations: (1) the worksheet on  
pages 7 (Value of Separate Property), (2) the worksheet on page 9 (Value and Division of Community Property), and (3)  
the worksheet on page 11 (Community Obligations and Their Division). Sample forms showing how to fill out those  
worksheets are on pages 6, 8, and 10.

-5-

PETITIONER 1:   Pat

PETITIONER 2:      Chris

CASE NUMBER:

VI. SAMPLE WORKSHEET FOR DETERMINING VALUE OF  
SEPARATE PROPERTY

This worksheet will help you determine whether you are eligible to use the summary dissolution procedure. The total fair 
market value of the separate property of one spouse/domestic partner cannot be more than $47,000. The total fair 
market value of the separate property of the other spouse/domestic partner cannot be more than $47,000. Separate 
property is anything that either of you owned or earned before you got married or registered your domestic partnership, 
anything you earned or bought after your separation, and anything that was given to just one of you as a gift during your 
marriage or domestic partnership. Do not include cars.

Note: The information on this form is for an imaginary couple, Pat and Chris, who are married. (When you fill out your 
worksheet, use your information.)

A.   Bank accounts, credit union accounts, retirement funds, cash 
       value of insurance policies, etc. 
 

Pat's 

Property—        
Fair Market 
Value

Chris' s 
Property— 
Fair Market 
Value 

$420.00

$1,500.00

$250.00

$1,300.00

$350.00

$375.00

$460.00

$229.00

$142.00

$250.00

C.    Items being bought on credit 

                                
 
 

    Item 
 

 
 

TV set—Pat (after separation)

Clothes—Pat (after separation)

 
 

              Fair Market                 Minus 
 

 Value                  What's Owed  =
$400.00

 $350.00

$220.00

$170.00

$50.00

$50.00

Credit union savings—Pat (before marriage)

Savings bonds—Chris (bought before marriage)

Item

Pension plan benefits—Pat (before marriage and after separation)

Pension plan benefits—Chris (before marriage and after separation)

B.    Items owned outright  

 

 

 

     Item

Clothes—Pat (bought before marriage)

Stocks—Pat (birthday present from father)

Furniture—Pat (owned before marriage)

Camera—Chris (owned before marriage)

Wristwatch—Chris (bought after separation)

Clothes—Chris (bought after separation)

   

  

 
 

$3,205.00

$2,171.00

GRAND TOTALS: 
Pat and Chris 
SEPARATE PROPERTY

-6-

PETITIONER 1:

PETITIONER 2:

CASE NUMBER:

VI.  WORKSHEET FOR DETERMINING VALUE OF  
SEPARATE PROPERTY

This worksheet will help you determine whether you are eligible to use the summary dissolution procedure. The total fair 
market value of the separate property of one spouse/domestic partner cannot be more than $47,000. The total fair 
market value of the separate property of the other spouse/domestic partner cannot be more than $47,000. Separate 
property is anything that either of you owned or earned before you got married or registered your domestic partnership, 
anything you earned or bought after your separation, and anything that was given to just one of you as a gift during your 
marriage or domestic partnership. Do not include cars.

A.    Bank accounts, credit union accounts, retirement funds, cash 
       value of insurance policies, etc. 
 

PETITIONER 1 

Property—        
Fair Market 
Value

PETITIONER 2 
Property— 
Fair Market 
Value

Item

GRAND TOTALS: 
PETITIONER 1'S AND PETITIONER 2'S 
SEPARATE PROPERTY

-7-

C.     Items being bought on credit 

                                
 
 

    Item 
 

 
 

 
 

               Fair Market                 Minus 
 

   Value                 What's Owed  =

B.    Items owned outright 

 

 

 

     Item

   

  

 
 

PETITIONER 1:   Pat

PETITIONER 2:      Chris

CASE NUMBER:

VI. SAMPLE WORKSHEET FOR DETERMINING VALUE AND  
DIVISION OF COMMUNITY PROPERTY

Note: The information on this form is for an imaginary couple, Pat and Chris, who are married. (When you fill out your worksheet, use 
your information.)

This side of the sheet will help you determine whether you are  
eligible to use the summary dissolution procedure. The grand total  
value of your community property cannot be more than $47,000.

This side of the sheet will help you  
decide on a fair division of your property. 
It will help you prepare your property 
settlement agreement.

A. Bank accounts, credit union accounts, retirement funds, cash value    
    of insurance policies, etc. 
   

   Item                                                             Amount

 

 

Subtotal A

$1,680.00

$1,000.00

B. Items you own outright (for example, stocks and bonds, 
     sports gear, furniture, household items, tools, interests in  
     businesses, jewelry; do not include cars)

  

Savings account

Life insurance (cash value)

Pension plan—Pat

Pension plan—Chris

Checking account

Item

Furniture & furnishings— Pat’s apartment

Furniture & furnishings—Chris's apartment

Terriers season tickets

Savings bonds

Jewelry—Pat

Pet parrot and cage

$150.00

$250.00

$600.00

$500.00

$180.00

Fair Market 
Value

$775.00

$300.00

$285.00

$200.00

$200.00

$40.00

Subtotal B

$1,800.00

$1,175.00

$625.00

Pat 
Receives

$150.00

$250.00

$600.00

Pat 
Receives

$775.00

$200.00

$200.00

Pat 
Receives

$0.00

$2,175.00

Chris 
Receives

$500.00

$180.00

$680.00

Chris 
Receives

$300.00

$285.00

$40.00

Chris 
Receives

$155.00

$300.00

$300.00

$755.00

$2,060.00

C. Items you are buying on credit (for example, stereo equipment, 
    appliances, furniture, tools; do not include cars) 
                             
 
                 Item                              Fair Market         Minus                 Net Fair  
                                                                           Value            Amount      =         Market 
                                                                                                   Owed                   Value

Stereo set

Color television

Golf clubs

Grand total value of 
community property = A + B + C

$305.00

$400.00

$350.00

$150.00

$100.00

$50.00

Subtotal  C

$155.00

$300.00

$300.00

$755.00

$4,235.00

-8-

This side of the sheet will help you determine whether you are  
eligible to use the summary dissolution procedure. The grand total  
value of your community property cannot be more than $47,000.

This side of the sheet will help you  
decide on a fair division of your property. 
It will help you prepare your property 
settlement agreement.

   

   

PETITIONER 1 
Receives

PETITIONER 2 
Receives

A. Bank accounts, credit union accounts, retirement funds, cash value    
    of insurance policies, etc. 
   
 

   
   Item                                                             Amount

 
 

 
 

PETITIONER 1:

PETITIONER 2:

CASE NUMBER:

VI.  WORKSHEET FOR DETERMINING VALUE AND  
DIVISION OF COMMUNITY PROPERTY

Subtotal A

B.  Items you own outright (for example, stocks and bonds, 
     sports gear, furniture, household items, tools, interests in  
     businesses, jewelry; do not include cars)

  

Item

Fair Market 
Value

PETITIONER 1 
Receives

PETITIONER 2 
Receives

Subtotal B

C. Items you are buying on credit (for example, stereo equipment, 
    appliances, furniture, tools; do not include cars) 
                             
 
             Item                                 Fair Market            Minus               Net Fair  
                                                                          Value                Amount    =        Market 
                                                                                                     Owed                 Value

PETITIONER 1 
Receives

PETITIONER 2 
Receives

Grand total value of 
community property = A + B + C

Subtotal  C

-9-

PETITIONER 1:   Pat

PETITIONER 2:      Chris

CASE NUMBER:

VI. SAMPLE WORKSHEET FOR DETERMINING COMMUNITY OBLIGATIONS  
AND THEIR DIVISION

Note: The information on this form is for an imaginary couple, Pat and Chris, who are married. (When you fill out your worksheet, use 
your information and make sure you indicate if you are married, in a domestic partnership, or both.)

This side of the worksheet will help you determine whether you  
are eligible to use the summary dissolution procedure. The total  
amount of your community obligations (debts) cannot be more than 
$6,000. Do not include car loans. Be sure you include any other debts 
you took on while you were living together as spouses or domestic 
partners. List the amount you owe on the items from your Worksheet 
for Determining Value and Division of Community Property. Then 
add all other debts and bills, including loans, charge accounts, medical 
bills, and taxes you owe. 

This side of the worksheet will help  
you decide on a fair way to divide up 
your community obligations. You will  
use this information in preparing a 
property settlement agreement.

 
 

 
 

  
 
       Item 

 
 

 
  

   Amount  
     Owed

Pat 
Will Pay

Chris  
Will Pay

$150.00

$100.00

$50.00

$74.00

$32.00

$500.00

$68.00

$275.00

$123.00

$37.00

$150.00

$150.00

$100.00

$50.00

$74.00

$32.00

$500.00

$275.00

$68.00

$123.00

$37.00

$150.00

-10-

TOTAL

$1,559.00

$585.00

$974.00

Pat's Share 
of Community 
Obligations

Chris's Share 
of Community 
Obligations

Stereo set

Color TV

Golf clubs

Dr. R.C. Himple

Sam’s Drugs

College loan

     

 

Cogwell’s charge account

Mister Charge account

Green’s Furniture

Dr. Irving Roberts

Pat's parents

Petitioner 1 
Share of Community 
Obligations

Petitioner 2 
 Share of Community 
Obligations

TOTAL

-11-

VI. WORKSHEET FOR DETERMINING COMMUNITY OBLIGATIONS AND THEIR DIVISION

This side of the worksheet will help you determine whether you  
are eligible to use the summary dissolution procedure. The total 
amount of your community obligations (debts) cannot be more than 
$6,000. Do not include car loans. Be sure you include any other debts 
you took on while you were living together as spouses or domestic 
partners. List the amount you owe on the items from your Worksheet 
for Determining Value and Division of Community Property. Then 
add all other debts and bills, including loans, charge accounts, medical 
bills, and taxes you owe. 

This side of the worksheet will help  
you decide on a fair way to divide up 
your community obligations. You will  
use this information in preparing a 
property settlement agreement.

 
 

 
 

  
 
       Item 

 
 

 
  

   Amount  
     Owed

Petitioner 1 
Will Pay

Petitioner 2 
Will Pay

     

 

PETITIONER 1:

PETITIONER 2:

CASE NUMBER:

VII.  WHAT SHOULD BE INCLUDED IN THE PROPERTY SETTLEMENT AGREEMENT?

A property settlement agreement should contain at least five parts:

  I.  Preliminary Statement

This part identifies the spouses or domestic partners, states that the marriage and/or domestic partnership is being  
ended, and states that both spouses or domestic partners agree on the details of the agreement.

 II.  Division of Community Property

This part has two sections:
1.  What the one spouse or domestic partner receives; and  
2.  What the other spouse or domestic partner receives.

III.  Division of Community Obligations

This part has two sections:
1.  The amount one spouse or domestic partner must pay and whom he or she must pay it to. 
2.  The amount the other spouse or domestic partner must pay and whom he or she must pay it to.

IV. Waiver of Spousal Support

This part states that each spouse or domestic partner gives up all rights of financial support from the other.

 V.  Date and Signature

Both spouses or domestic partners must write the date and sign the agreement.

An example of a property settlement agreement is found on pages 13–15.

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VIII.  SAMPLE PROPERTY SETTLEMENT AGREEMENT

Below is a sample of an acceptable property settlement agreement. You may use it as a model for your own  
in the
agreement if you wish. You can find a fill-in-the blanks version of this agreement at                                                       
section on summary dissolution.

• The parts that are underlined will fit most cases. You can copy these parts for your own agreement. Since many of the 

words have special meanings in the law, you may wish to talk to a lawyer if you want to change the words.

• The parts printed in regular type (not underlined) are based on an imaginary couple. You will need to replace these 

parts with items that apply to your situation.

• The numbered notes in italics in the right-hand column are not part of the agreement. They are there to help you 

understand it. (You will not need the small      

1 and 2 in the sample for your agreement.) 

• The sample below is for a married couple, so it refers to marriage. If you are ending a domestic partnership, you should 
say that in your agreement. If you are ending both a marriage and a domestic partnership with the same person, say  
both and write in the dates of both your marriage and the registration of your domestic partnership.

Remember, you can divide the items any way you want. As long as you both agree, the court will accept it. If you cannot 
agree about the division of your property and debts, you should file a regular dissolution.*

1 If you prefer, you can also write "hereafter  

called "Wife" or "Husband" or "Partner A" or  
"Partner B" whichever applies. Just make sure 
it is clear to whom you are referring.

2 This means there are problems in your  

marriage or domestic partnership that you  
think can never be solved. Irreconcilable  
differences is the only legal grounds for  
getting a summary dissolution.

PROPERTY SETTLEMENT AGREEMENT

I. We are Chris P. Smedlap, hereafter called Chris, and Pat T. 

1
Smedlap, hereafter called Pat. 

We were married on October 7,

2015, and separated on December 5, 2019. Because

2
 have caused the permanent breakdown 
irreconcilable differences 

of our marriage, we have made this agreement together to settle 

once and for all what we owe to each other and what we can 

expect from each other. Each of us states here that nothing has 

been held back and that we have honestly included everything we 

could think of in listing the money and goods that we own; and 

each of us states here that we believe the other has been open 

and honest in writing this agreement. Each of us agrees to sign 

and exchange any papers that might be needed to complete this 

agreement.

* At the trial in a regular dissolution, a judge would set a value on and divide community property and debts into two approximately  

equal parts as provided by California law.

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3 This means that the property agreement is 
a part of the dissolution proceeding. If  
either of you decides to stop the  
dissolution proceeding by turning in a  
Notice of Revocation of Petition for  
Summary Dissolution (form FL-830) (see  
page 18), this entire agreement will be  
canceled. 

4 Community property is property that you  

own as a couple (see page 2).

If you have no community property,  
replace Part II with the simple statement  
"We have no community property."

5 If the furniture and household goods in one 
apartment are to be divided, they may have  
to be listed item by item.

Each of us also understands that even after a Joint Petition for

Summary Dissolution is filed, this entire agreement will be canceled if 

3
either of us revokes the dissolution proceeding.

II.   Division of Community Property 4

We divide our community property as follows:

1. Chris transfers to Pat as Pat's sole and separate property:

A.   All household furniture and furnishings located at the apartment  

at 180 Needlepoint Way, San Francisco.   5

B.   All rights to cash in savings account at Home Savings.

C.   All cash value in life insurance policy insuring life of Pat  

through Sun Valley Life Insurance.

D.   All retirement and pension plan benefits earned by Pat during  

marriage.

E.  Two U.S. Savings Bonds, Series E.

F.   Pat’s jewelry.

G.  2013 Chevrolet 4-door sedan.

2.  Pat transfers to Chris as Chris's sole and separate property:

A.  All household furniture and furnishings located at the apartment 
     on 222 Bond Street, San Francisco.

B.  All retirement and pension plan benefits earned by Chris 
     during marriage.

C.  Season tickets to Golden State Terriers basketball games.

D.  One stereo set.

E.  One set of Jock Nicklaus golf clubs.

F.  One RAC color television.

G.  2013 Ford station wagon.

H.  One pet parrot named Arthur, plus cage and parrot food.

I.    All rights to cash in checking account in Bank of America.

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6
III.   Division of Community Property (Debts)

1.  Chris will pay the following debts and will not at any

6 If you have no unpaid debts,  

replace Part III with the simple  
statement "We have no unpaid  
community obligations."

time hold Pat responsible for them:

A.    Mister Charge account.

B.    Debt to Dr. R.C. Himple.

C.    Debt to Sam’s Drugs.

7
D.    Debt to UC Berkeley for college education loan to Chris.

E.    Debt to Golf Store for golf clubs.

F.    Debt to Everything Electronics for color TV and stereo set.

7 A general rule for dividing debts is  
to give the debt over to the person  
who benefited more from the item.  
In the sample agreement, because  
Chris received the education, Chris  
should pay off the loan.

G.   Debt to Used Ford Store for 2013 Ford.

2.  Pat will pay the following debts and will not at any time

hold Chris responsible for them:

A.   Cogwell’s charge account.

C.   Debt to Green’s Furniture.

D.   Debt to Dr. Irving Roberts.

B.   Debt to Pat’s parents, Mr. and Mrs. Joseph Smith.

E.   Debt to Friendly Finance Company for 2013 Chevrolet 4-door Sedan.

IV.  Waiver of Spousal/Partner Support

8

8 You each give up the right to have  
your spouse or partner support you.

Each of us waives any claim for spousal/domestic partner support now and for

all time.

V.   Dated:

Dated:

Chris P. Smedlap

Pat T. Smedlap

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IX.  WHAT STEPS DO YOU HAVE TO TAKE TO GET A SUMMARY DISSOLUTION?

If after reviewing the information in this booklet, you feel your marriage or your domestic partnership will qualify for a  
summary dissolution, you should carefully go through the following 15 steps. You can fill out the forms, worksheets, and  
agreements in the summary dissolution section

• online, for free, at
• with a typewriter; or
• with neat printing.

;

1. 

Complete and give your spouse or domestic partner a list of community and separate property assets and  
obligations. This information is needed to comply with the requirement to exchange a preliminary declaration of  
disclosure in summary dissolution cases. Use the forms listed below in 1a or 1b for this purpose.

a.

A Declaration of Disclosure
Property Declaration
online at
one for your records; or

and a Schedule of Assets and Debts

(or a 

These forms are not included in this booklet. You may find them 
Give one copy to your spouse or domestic partner and keep

b. 

The worksheets in this booklet on pages 7, 9, and 11. 

(1) 

(2) 

(3) 

Turn to page 7 and complete the Worksheet for Determining Value of Separate Property.  
See page 6 for an example. Make one extra copy of your worksheet after it has been  
completed. Give one copy to your spouse or domestic partner and keep one for your records.

Turn to page 9 and complete the Worksheet for Determining Value and Division of  
Community Property. See page 8 for an example. Make one extra copy of your worksheet 
after it has been completed. Give one copy to your spouse or domestic partner and keep 
one for your records.

Turn to page 11 and complete the Worksheet for Determining Community Obligations and  
Their Division. See page 10 for an example. Make one extra copy of your worksheet after it  
has been completed. Give one copy to your spouse or domestic partner and keep one for 
your records.

Along with the documents listed in 1, give your spouse or domestic partner all tax returns you filed in the last two 
years. Give one copy to your spouse or domestic partner and keep one copy for your records.

Fill out an Income and Expense Declaration
spouse or domestic partner before you sign your property settlement agreement or complete your divorce. Make 
one extra copy of your form after it has been completed. Give one copy to your spouse or partner and keep one 
for your records.

You each need to fill out this form and give it to your

Complete a written statement about business and investments opportunities and give it to your spouse or  
domestic partner before you sign a property settlement agreement or complete your divorce. Keep a copy for 
your records. 

Note: The written statement must describe any investment opportunity, business opportunity, or other  
income-producing opportunity that developed since the date you separated which was based on any  
investment made, significant business done, or other income-producing opportunity that was presented to  
you between the date you married or became domestic partners and the date you separated (there is no  
specific form for this purpose). 

Type or print your property settlement agreement if you have any property or debts to divide. Both of you must  
date and sign it. Make two extra copies. See pages 12–15 for an example and instructions. You can also find a  
version that you can fill in online at 

in the information on summary dissolution at 

Fill out a Joint Petition for Summary Dissolution    
Make two extra copies of this form. (This is the form you need to START the process.)

Both of you must sign and date this petition.

Note:  When signing your joint petition and your property settlement agreement, you are signing these documents 
under penalty of perjury under the laws of the State of California, which is the same as being sworn to testify in  
court.  

2. 

3. 

4. 

5. 

6. 

You may not sign each other's name. 

-16-

7. 

8. 

9. 

10

11. 

12. 

13. 

14. 

15. 

Make three sets of forms that include copies of your property settlement agreement and a copy of your Joint  
Petition for Summary Dissolution 

Staple each set together.

Fill out the top portion of the Judgment of Dissolution and Notice of Entry of Judgment 
three copies of it.

and make

Make one extra copy of a blank Notice of Revocation of Petition for Summary Dissolution 
so each
of you has one, and hold on to it. This is the form you would need to STOP the process. You may wish to use it  
during the waiting period if you change your mind and want to stop the process. You should keep one copy. See  
page 18 for more information.

and all of your copies to the superior court clerk's office together with two self-

Take your Joint Petition for Summary Dissolution
Judgment
addressed, stamped envelopes (one addressed to each spouse or domestic partner). The location of your 
superior court clerk's office can be found in the phone book or online at
The clerk will stamp the date on all copies, will keep one copy of each document, and will return the other two 
to you. One copy is for each spouse or domestic partner.

Judgment of Dissolution and Notice of Entry of

Pay the superior court clerk's filing fee. If you cannot afford to pay the filing fee, you may qualify for a fee waiver  
based on your income. If one of you qualifies for a fee waiver but the other one does not, the one who does not  
qualify will have to pay the filing fee. To request a fee waiver, see Information Sheet on Waiver of Court Fees 
and Costs          
Order on Court Fee Waiver

You will need to prepare a Request to Waive Court Fees

and an 

The clerk will file your joint petition and return the copies to you and your spouse or partner. The court may also  
process the Judgment of Dissolution at that time, in the next few weeks, or after the six-month waiting period has 
expired and give or mail it to you and your spouse or domestic partner. The Judgment of Dissolution and Notice 
of Entry of Judgment
partnership, or both will be final. That is the effective date of your dissolution and it will be six months from the 
date you file your joint petition. The six-month waiting period is mandated by law.

will have a date on which the dissolution ending your marriage, domestic

Put your copies of all documents in a safe place.

Wait for six months. If either one of you wants to stop the summary dissolution case, fill out and file a Notice of  
Revocation of Petition for Summary Dissolution 

before the six months run out.

On the day that appears on your Judgment of Dissolution and Notice of Entry of Judgment
effective date of your dissolution:
a. Your marriage or domestic partnership (or both) is ended;
b. The agreements you made in your property settlement agreement are binding—you will then own the  

as the

property assigned to you, and you will have to pay the bills assigned to you;

c. Except for those agreements, you and your spouse or domestic partner have no further obligations to 

each other; and

d. You are legally free to remarry or register a new domestic partnership.

REMEMBER: Either of you can stop the process by filling out a Notice of Revocation of Petition for Summary Dissolution 
(form FL-830) and bringing it to the superior court clerk during the six-month waiting period before the date your  
dissolution is effective according to the Judgment of Dissolution and Notice of Entry of Judgment (form FL-825) that you  
received from the court.

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X.  WHAT YOU SHOULD KNOW ABOUT REVOCATION

It is important to realize that the Notice of Revocation of Petition for Summary Dissolution (form FL-830) is not just  
another form you are supposed to fill out and turn in.

Do not fill it out and do not bring it to the superior court clerk unless you want to stop the divorce!

What is the notice of revocation for?
This is the form you need if you want to stop the divorce. Revoking the agreement is canceling or stopping it.

What reasons are there for revoking?
There are three reasons you might have for wanting to stop the summary dissolution:

1.  You have decided to return to your spouse or domestic partner and continue the marriage or domestic partnership;
2.  You want to change over to the regular dissolution as a better way of getting your divorce; or 
3.  You learn that one of you is pregnant.

Why might you want to change over to the regular dissolution? 
You may come to believe that you will get a better settlement if you go to court than with the agreement you originally  
made with your spouse or domestic partner. (Maybe, after thinking it over, you feel you are not receiving a fair share 
of the community property.)

How do you do it? 
At the time you picked up the joint petition forms, you and your spouse or partner also received a blank Notice of  
Revocation of Petition for Summary Dissolution (form FL-830). Fill out the form, sign it, make two copies, and bring them  
to the superior court clerk’s office. You must also send a copy of form FL-830 to your spouse or domestic partner by  
first-class mail, postage prepaid, to his or her last known address. You can do this alone. This form does not need your  
spouse's or partner's signature.

If you do this at any time during the six-month waiting period, before the effective date of your dissolution, you will stop  
this divorce proceeding.

Can the dissolution be stopped once the waiting period is over?
NO. After the date the court wrote on your Judgment of Dissolution and Notice of Entry of Judgment (form FL-825) as the  
date your marriage or domestic partnership is ended (the date the divorce is effective), you can no longer revoke the  
dissolution by filing the revocation form. You may have other legal options, but you will need to talk to a lawyer about  
them.

If you change over to a regular dissolution, what happens to the part of the waiting period that has passed? You 
can apply the amount of time you waited on the summary dissolution to your regular dissolution. For example, if four 
months went by before you decided to revoke the summary dissolution, the waiting period for the regular dissolution will 
be shortened by four months.

However, you can save this time only if you file for a regular dissolution within 90 days of revoking the summary  
dissolution.

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XI.  SHOULD YOU SEE A LAWYER?

Must you have a lawyer to use the summary dissolution procedure?
No. You can do the whole thing by yourselves. But it would be wise to see a lawyer before you decide to do it yourselves.  
You should not rely on this booklet only. It is not intended to take the place of a lawyer.

If you want legal advice, does that mean you have to hire a lawyer?
No. You may hire a lawyer, of course, but you can also just visit a lawyer once or twice for advice on how to carry out the  
dissolution proceeding. Do not be afraid to ask the lawyer in advance what fee will be charged. It may be surprisingly  
inexpensive to have a lawyer handle your divorce.

Do you have to accept your lawyer’s advice?
No, you do not. And if you are not pleased with what one lawyer advises, you can feel free to go to another one.

How can a lawyer help you with the summary dissolution procedure?
First, a lawyer can advise you, on the basis of your personal situation, whether you ought to use the regular dissolution  
procedure rather than the summary dissolution procedure.

Second, a lawyer can read your property settlement agreement to help you figure out if you have thought of everything  
you should have. (It is easy to forget things you do not see very often, such as savings bonds and safe deposit boxes.)

Third, in many situations it is not easy to figure out what should count as community property and what should count as  
separate property. Suppose one of you had money before the marriage (or domestic partnership) and put it into a bank 
account in both of your names and then both of you used money from that account. It may not be easy to decide how the 
money remaining in that account should be divided. A lawyer can advise you on how to make these decisions.

Fourth, there may be special situations in which your property settlement is not covered by the sample agreement on  
pages 13–15.

A lawyer can help you put the agreement in words that are legally precise and cannot be challenged or misinterpreted  
later.

Where can you find a lawyer?
You can locate organizations that can help you find a lawyer in the yellow pages of your telephone directory under  
“Attorneys,” “Attorney Referral Service,” or “Lawyer Referral Service.” In many cases you will be able to find an attorney  
who will charge only a small fee for your first visit. You can get information about free or low-cost legal services through  
the county bar association in your county. You can find information about certified lawyer referral services at

or on the State Bar website at

-19-

XII.  SOME GENERAL INFORMATION

What about income taxes? 
If you have filed a joint tax return, both of you will still be responsible for paying any unpaid taxes even after your divorce.

If you are receiving a tax refund, you should agree in the property settlement agreement on how it should be divided.

The amount of money that you will owe, or that will be taken out of your paycheck, for income taxes may be greater after  
you are single again. If that is the case, you should prepare yourself for a bigger tax obligation.

It would be a good idea to consult the Internal Revenue Service or a tax expert on how the divorce is going to affect your  
taxes. You should probably do this before you make your property settlement agreement.

What about bank accounts and credit cards?
If you have a joint bank account, it may be a good idea to close it when you separate and get two individual bank  
accounts. That way it will be easier to keep your money separate.

If you have credit card accounts that you both have been using, you should destroy the cards and take out separate  
accounts.

What about cars?
If both of your names are on a title to a car and you agree that one of you is going to own the car, you need to take action  
to change the ownership. You should call or visit the Department of Motor Vehicles to find out how to do that. You should  
also talk to the lender to get the debt into one person's name and change the insurance coverage after both the title and  
debt are transferred. 

What if your spouse or domestic partner does not pay his or her debts?
If your spouse or domestic partner does not pay a debt that is his or her responsibility, the person who loaned the money  
may be able to collect it from you. But then a court may order your spouse or domestic partner to reimburse you. If you 
have any reason to worry about this, a lawyer can explain your rights to you.

Can you take back your former name?
If you changed your name when you were married or registered your domestic partnership, you have the right to give up  
that name and get your former name back. You can do this by requesting it in the joint petition. If you do not request this  
in the joint petition, you can file a form called Ex Parte Application for Restoration of Former Name After Entry of  
Judgment and Order 

Your spouse or domestic partner cannot make you change your name.

What if I am not happy with my final judgment?
When your divorce is final, all your rights and duties connected with your marriage or domestic partnership have ended  
and you cannot appeal. But if you decide later that you were cheated or pressured by your spouse or domestic partner, or 
if you believe that a mistake was made in the paperwork connected with the divorce, the court may be able to set aside 
the divorce. A lawyer can explain your rights.

-20-