It appears that you do not qualify for Summary Dissolution of the marriage at this time.
Family Code 2400(a)(5) states that Summary Dissolution is only available if:
5) Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:
(A) The lease does not include an option to purchase.
(B) The lease terminates within one year from the date of the filing of the petition.
It appears that your lease does not meet the criteria, but you may be able to terminate the lease and then qualify for Summary Dissolution.
If you are not able to qualify, but you or your spouse live in Kern County, we can still help you with other forms of separation and divorce. Give us a call for a free initial consultation: (661) FAST-HELP.
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