Write an article based on this "Fill out a Petition for Legal Separation. Fill out a Summons. Fill out a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) only if you have any minor children with the other party. Fill out a Fee Waiver if you cannot afford to pay the filing fee. Fill out any required local forms. File your forms with the court and have them served on the other party."
This form, numbered FL-100, tells the court why you want a legal separation and briefly identifies the issues the court will need to address, including child custody, child and spousal support, and property division. You can download an FL-100 here. This form, numbered FL-110, gives notice to the other party that you have filed a Petition for Legal Separation. The party filing the petition is the "Petitioner," and the party responding to the petition is the "Respondent." The form informs the Respondent that he or she has 30 days to file a response to the petition, or else a default judgment may be entered against him or her. You can download an FL-110 here. Read this form carefully, as it contains some basic restraining orders limiting what the parties can do with marital debts and assets and residency of any children of the parties while the separation is pending. This form, number FL-105, informs the court of where any children are living and whether they are involved in other court cases. You can download an FL-105 here. California's statewide fee schedule is available here. The fee to file a Petition for Legal Separation is $435 (the fee may vary in Riverside, San Bernardino, and San Francisco counties). If you are low-income and cannot afford to pay the filing fee, you can file a request for a fee waiver, numbered FW-001. You can download an FW-001 here. You may qualify for a waiver if you are receiving public benefits, if your household income falls below a specified threshold, or if the court finds that you do not have enough money to pay for both your household's basic needs and the court fees. Be sure to read the Information Sheet on Waiver of Superior Court Fees and Costs (FW-001-INFO) Some counties require additional local forms for a legal separation. Check with your Family Law Facilitator or your county court's website. You can locate your county court's website by selecting your county on the California court's Find My Court webpage. If you are applying for a Fee Waiver, make only one copy of your FW-001 form. You will be filing the original form and keeping the copy for your own records. The FW-001 is confidential and should not be served on the other party. Have your server serve all of the following documents: Copies of everything you filed with the court (except for a Fee Waiver, if any) A blank Response form A blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), if you have any minor children with the other party Two (2) copies of the Notice and Acknowledgment of Receipt, if the other party agrees to accept service by mail. If the other party does not fill out the Acknowledgment and file it with the court, you will need to have your server serve him or her again, in person.