In California, there is a legal action known as a summary dissolution. This is the dissolution of a marriage that has only been legal for five years or less. A joint petition for summary dissolution can be filed when either spouse meets the standard residency requirements and irreconcilable differences the marriage render the marriage irretrievably broken. A summary dissolution can also be filed when the marriage does not involve any children and the wife is not pregnant (Wikipedia).

Who Can File for Summary Dissolution?

This fast-track legal procedure is available to married couples and domestic partners regardless of gender and to those who began as domestic partners and later married. Couples do not have to end their domestic partnership when they marry. On the other hand, they can end both their marriage and domestic partnership at the same time with summary dissolution.

To qualify for summary dissolution, you have to meet all of the following requirements at the time you file your petition:

If you do not qualify for a summary dissolution, but still want to end your marriage or domestic partnership, you can file for a regular dissolution (courts.ca.gov).

Summary Dissolution Waiting Period

You need to wait six months after filing your petition for summary dissolution. Once this time runs out, the court will enter a judgment that dissolves your marriage or domestic partnership. At that point, your marriage or domestic partnership is over and your property settlement agreement goes into effect. You are also free to remarry or enter a new domestic partnership (Wikipedia).

Revocation

There is a catch, however. Either of you can stop the summary dissolution by filing a Notice of Revocation for Summary Dissolution within the six-month waiting period. This tends to happen when couples reconcile, or if one decides to pursue a regular divorce (perhaps to receive spousal support), for example. You can file to revoke your summary dissolution and then re-file for a regular divorce. If you re-file within 90 days, then the time already spent during your waiting period applies to the time you must wait in a regular divorce.

If you miss that six-month window, then you still have limited recourse. If your dissolution was a result of fraud, mistake, or some other injustice, then you can make a motion to set aside the summary dissolution. Then, however, you would have to go to court to prove it (Wikipedia).

If you would like to know more information about Summary Dissolutions, please contact The Law Office of Matthew J. Rudy for a free 1 hour consultation.