In order to file a summary dissolution you must qualify.
In order to qualify you and your spouse must meet ALL of the following requirements.
- You and your spouse must not:
- Have been married for less than 5 years from the date of married to the date you separated;
- Have no children together either born or adopted before or during the marriage and you are not pregnant now.
- You do not own any part of land or buildings;
- You do not rent any land or buildings (except for where you live, as long as you do not have a one year lease or an option to buy;
- Neither of you owe more than $6,000 in debts since the date of marriage; Not including vehicle loans.
- Have less than $38,000 worth of property acquired during the marriage. Do not include your vehicles.
- Not have separate property (property acquired before marriage by inheritance or after separation) worth more than $38,000;
- Do not include your vehicles.
- You and your spouse are in agreement that neither spouse will ever receive spousal support; AND
- Have prepared and signed an agreement that divides your property (including your cars) and debts.
In addition, if you are married, there are residency requirements that need to be met. You or your spouse must have lived in California for the last 6 months and in the county where you filed your summary dissolution for the last 3 months. If you do not meet the residency requirement, you can still file for a legal separation but you have to go through the regular legal separation process, or wait until you meet the residency requirements for a divorce.
EXCEPTION: Same-sex married couples who got married in California but do not live in California and live in a state (or states) that will not dissolve a same-sex marriage, can file to end their same-sex marriage in California, regardless of these residency requirements. You must file in whichever county you were married. If this is your situation, call for a free consultation with our experienced attorneys in summary dissolution and in same-sex marriage laws.
