Experienced Family Law Attorneys For You

How do summary dissolutions differ for same-sex couples?

If you can get a summary dissolution instead of a divorce to end your marriage, it can be well worth it. This process can cost less and take less time than going through a divorce. The end result is the same though.

The Judicial Branch of California explains there are some basic rules for getting a summary dissolution. Some of those requirements will differ for same-sex couples.

General rules

The basic rules for couples who wish to seek a summary dissolution begin with ensuring your marriage is less than five years old. You cannot have a lot of assets, cannot ask for spousal support and cannot have children. You also must be in agreement on all property division issues.

As with any process to end a marriage, you need to meet the residency requirements. Either you or your spouse must have lived in the state for the last six months. You also need to have lived in the county for at least three months where you file.

Same-sex couple exceptions

There are some rules that will change for same-sex couples. First, your marriage date includes any registered partnership date. That must be less than five years prior to filing. You also do not need to meet the residency requirement. Neither of you must live in the state. Finally, if you are in a domestic partnership instead of a marriage, you can end it for free through the Secretary of State and you do not need a summary dissolution.

A summary dissolution will not work in all situations. Make sure you understand the requirements and always check for special rules for same-sex couples. There are usually some exceptions that will make things easier.



RSS Feed

FindLaw Network