California law allows the parties to end their marriage in a simpler way through a process called Summary Dissolution.
However, the situation of the parties must be such that a simpler way to end the relationship is allowed.
To qualify for a summary dissolution of your marriage, here are the requirements for Summary Dissolution in California: You and your spouse:
- Have been married for less than 5 years (from the date you got married to the date you separated);
- Have no children together;
- Have no children adopted together, before or during the marriage;
- You are not expecting a new child now;
- Do not own any part of land or buildings;
- Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy);
- Do not owe more than $6,000 for debts acquired;
- Have less than $40,000 worth of property acquired during the marriage
- Do not have separate property worth more than $40,000;
- Agree that neither spouse will ever get spousal support;
- Have signed an agreement that divides your property (including your cars) and debts;
- Either you or your spouse must have lived in California for the last 6 months and in the county where you file for 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, talk to a lawyer with experience in same-sex marriage laws.
