Legal Question in Family Law in California
How do I file my separation papers?
My husband and I have recently agreed to a legal separation and have signed & notarized the papers (which I did myself from a web site). Now I need to know how to go about filing them in the city where I live. Can you please tell me the process?
Thank you.
2 Answers from Attorneys
Re: How do I file my separation papers?
go to the superior court and file them in the office of the clerk.
Re: How do I file my separation papers?
The previous response is correct, but you may have additional papers that you need to file along with those that you've already prepared. The court clerk at the filing window isn't supposed to tell you which papers to file (in case they're wrong, they don't want the liability for having given you advice) so you may wish to go to a lawyer or document preparation service to make sure that you've got everything done correctly.
You also have to "serve" the papers on your spouse, and there's special rules that pertain to that.
You may wish to get a self-help book to give you more directions if you don't want to consult an attorney or document prep service. The nolo.com web site has lots of these types of books, and I think they've got a "do it yourself divorce in California" book.
There's also a filing fee of $192 when you file the papers.
good luck!