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 born or adopted before or during the marriage (and 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 since the date you got married (called "community obligations");
- Have less than $40,000 worth of property acquired during the marriage (called "community property"); Do not have separate property worth more than $40,000;
- Agree that neither spouse will ever get spousal support; AND
- Have signed an agreement that divides your property (including your cars) and debts.
In addition, if you are married, 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.
For more information, visit: Judicial Council of California.