Summary Dissolutions in California

Family Code Division 6, Part 3, Chapter 5 deals with summary dissolution of marriage and legal separation.

Section 2400 allows a marriage to be dissolved by the summary dissolution procedure provided in this chapter if all of the twelve specified conditions exist at the time the proceeding is commenced.

Section 2401 requires a proceeding for summary dissolution of the marriage to be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council. The petition must be signed under oath by the spouses and include three specified items.

Section 2402 provides, at any time before the filing of application for judgment, 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.

Section 2403 requires the court, when six months have expired from the date of the filing of the joint petition for summary dissolution, to 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.

Section 2404 explains that entry of the judgment constitutes a final adjudication and a waiver of rights.

Section 2405 states that entry of the judgment 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.

Section 2406 requires each superior court to make available a brochure, the contents and form of which is prescribed by the Judicial Council. The brochure has to be printed and distributed by the Judicial Council in both English and Spanish. The brochure is required to state, in nontechnical language, eight specified items.