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KJL LAW
KJL LAW, Lawyer
Category: Family Law
Satisfied Customers: 747
Experience:  Attorney at law Office of KJLLAW
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I live in California. I was married in May of 2010, I

Customer Question

I live in California. I was married in May of 2010, I separated (left in November of 2010) but never filed a legal separation. Can I still get a dissolution of marriage if we have no children, no property and neither of us wants spousal support?
Submitted: 6 months ago.
Category: Family Law
Expert:  KJL LAW replied 6 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

This is a fast track divorce or dissolution, and is available to married couples. To qualify for summary dissolution, you have to meet all of the following requirements at the time you file your petition.

One of you must have lived in California for the last 6 months and in the county where you file the petition for the last 3 months. Both of must want the marriage to end because of irreconcilable differences. You have no minor children together and do not expect (are pregnant) any children together. The marriage lasted five years or less. Neither of you owns any real, neither of you has incurred more than $6,000 in debt since the start of your marriage or domestic partnership. You can exclude car payments, however. You have $38,000 or less in community property, and must sign a property settlement agreement, which divides your community property, and file it with the court. You both agree to waive (give up) any rights to spousal support. You both waive your rights to appeal once the court enters your summary dissolution.

So if you meet all of the above, then you can file. But in your case, you stated that you were married for more than 5 years, so you would not qualify.

I hope this helps with your question.

Expert:  KJL LAW replied 6 months ago.

if you have any other questions, just ask. If not please rate the question for credit and tracking. If you don't rate the question, I will not get credit.