Fl 810 Form PDF Details

Embarking on the journey of ending a marriage or domestic partnership is often fraught with emotional complexities and legal intricacies. In California, the FL-810 form offers a beacon of hope for those seeking a less adversarial and more streamlined dissolution process, known as summary dissolution. This alternative, encapsulated in an informative booklet available in both English and Spanish, sidesteps the traditional court appearances and exhaustive legal battles typically associated with divorce. It's designed for couples without children, who have been in a union for five years or less, own and owe very little, and harbor no desires for spousal support post-separation. This process is not only shorter but it underlines the importance of mutual agreement on the division of property and debts. Critical steps include the preparation and filing of a Joint Petition for Summary Dissolution coupled with a property settlement agreement. However, the gravity of such a decision is not to be underestimated—couples are encouraged to seek legal counsel to navigate potential risks and ensure the protection of their rights. Importantly, the booklet also touches on special warnings for certain groups, such as undocumented individuals, shedding light on the broader implications of summary dissolution. By providing worksheets and a sample property settlement agreement, the form equips couples with the tools to evaluate and divide their assets, debts, and to fundamentally understand the distinction between community and separate property. It’s a resource designed to demystify the process, ensuring that those who opt for this route are fully informed and prepared for the consequences of their decision. With options for revocation and clear eligibility criteria, the FL-810 form represents a critical, albeit simplified, pathway for ending a partnership with dignity and mutual respect.

QuestionAnswer
Form NameFl 810 Form
Form Length22 pages
Fillable?No
Fillable fields0
Avg. time to fill out5 min 30 sec
Other namescalifornia fl 810, fl810, california summary dissolution, ca fl 810

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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

California, or at

and

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

Family Code, §§ 2400–2406

Judicial Council of California

 

FL-810 [Rev. September 1, 2021]

 

 

CONTENTS

 

 

 

Page

I.

WHAT IS THIS BOOKLET ABOUT?

. 1

ll.

SOME TERMS YOU NEED TO KNOW

. 2

III.

WHO CAN USE THE SUMMARY DISSOLUTION PROCEDURE?

. 3

IV.

AN IMPORTANT DIFFERENCE BETWEEN SUMMARY DISSOLUTION

 

 

AND REGULAR DISSOLUTION

. 4

V.HOW DO YOU FIGURE OUT THE VALUE OF YOUR PROPERTY

 

AND THE AMOUNT OF YOUR DEBTS?

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

5

VI.

SAMPLE WORKSHEET FOR DETERMINING VALUE OF SEPARATE PROPERTY

6

 

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

8

 

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 . WHAT IS THIS BOOKLET ABOUT?

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

The 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.

Summary 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 , together with a property settlement agreement,* with the superior court clerk in your county. You will also prepare and turn in a Judgment

of Dissolution and Notice of Entry of Judgment . Your divorce, ending your marriage and/or your domestic

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

mind. One of you can file a Notice of Revocation of Petition for Summary Dissolution , and that will stop the

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.

 

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 atThere 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.

Save 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.

SPECIAL WARNING

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.

*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.

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Il. SOME TERMS YOU NEED TO KNOW

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

As 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.

If 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.

The 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.

It 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.

NOTE: 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.

-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 ). Check this list very carefully. If even one of these statements is not true for you, you cannot get a divorce in this way.

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-

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