Summary Dissolution vs. Joint Petition: Which Path Qualifies for You in 2026?

A Summary Dissolution is the simplest way to end a marriage in California — but the qualification requirements are strict, and most couples do not meet them.

Since 2026, California now offers a second cooperative option: the Joint Petition for Dissolution. For people filing in San Bernardino County, understanding which path fits is the first step.

Summary Dissolution Requirements Under Family Code §2400

Under California Family Code §2400, both parties must meet all of the following to qualify:

• Married less than 5 years (from date of marriage to date of separation)
• No minor children together (including no current pregnancy)
• No ownership interest in real estate (except for a lease expiring within one year with no renewal option)
• Limited community property — total value must fall under the current Judicial Council threshold
• Limited community debt — total unpaid debts must fall under the current threshold
• Both parties agree to waive spousal support
• Both parties have read and understood the Summary Dissolution booklet provided by the court

The Key Form: FL-800

Both parties sign this form together. Unlike a standard dissolution, there is no separate Response to file — the process is fully cooperative from the start.

What Happens if You Don’t Qualify for Summary Dissolution?

Many couples in San Bernardino County assume they qualify but are disqualified by one or more requirements — most commonly because they have children, own property, or have been married longer than five years.

The alternatives include:

• Joint Petition for Dissolution (FL-700) — New as of 2026 under SB 1427, this allows couples who agree on all issues to file together, with no restrictions on children, property, or marriage length
• Standard Uncontested Dissolution — One party files as Petitioner, the other files a Response, and both work toward an agreement
• Contested Dissolution — For cases where agreement cannot be reached and court intervention is needed

Side-by-Side Comparison: Summary Dissolution vs. Joint Petition

Eligibility Comparison: Who Typically Qualifies for Each

Couples typically meet the requirements for a Summary Dissolution when:

• The marriage was short (under 5 years)
• There are no children
• Neither party owns real estate
• Both parties are willing to waive spousal support
• Community property and debts are under the current limits

Couples frequently use the Joint Petition when:

• Both parties agree on everything but don’t meet Summary Dissolution requirements
• There are children involved
• The marriage lasted longer than 5 years
• There is real estate or significant community property
• One or both parties want to include spousal support in the agreement

For either path, the six-month waiting period applies, and both parties will need to complete financial disclosures as part of the process.

How Power Prep Legal Helps in San Bernardino

As a registered LDA, Power Prep Legal prepares Summary Dissolution and Joint Petition documents at the client’s direction. The filing fee in San Bernardino County is approximately $435 for either process.

We serve families across San Bernardino County and the Inland Empire — from Ontario and Upland to San Bernardino, Highland, and Yucaipa.