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Summary Dissolution

Posted by Ahluwalia Law Professional Corporation | Apr 03, 2015 | 0 Comments

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.

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