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Legal separation | California Courts | Self Help Guide
Legal separation | California Courts | Self Help Guide

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Legal separation
If you can’t or don't want to get a divorce, but want to legally separate your property and finances, you can ask for a legal separation. 

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Legal separation basics
In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support.  You can ask the judge to make orders about:
The division of your property
Who will be responsible for paying debts
Spousal or domestic partner support
Child custody and visitation (parenting time)
Child support
If lawyers are involved, you can ask for orders about who will pay their fees. 
If you legally separate, you can't marry or enter into a domestic partnership with someone else.
Why someone might choose legal separation
Some couples don't want to get divorced for religious reasons, personal beliefs, or financial reasons.
Family Law Home
FOR ALL PARTIES AND ATTORNEYS: To get access to your case you must have a Public Case Access account and a participant subscription to each of your cases.
 

PARTIES: You must file your Family Law Case Participant Enrollment Form - Family Law,
 along with a copy of your government issued identification, by mail, by placing it in the court drop-box located at the Family Court, or by obtaining a service ticket to file it with the clerk.
 A separate form must be filed for each case or when you change your email address. Once the form is processed by the court, which takes about three
 working days, you will receive an email confirming that you have access to your case. You will also receive email notifications when new documents
 are added to your case and you will be able to view/download these newly added documents free of charge.
 

ATTORNEYS: You must have an account to access your case. To sign up for an account, go to the Public Case Access site under Online Services on the court’s web.
 For cases filed after January 1, 2015, you are automatically linked to your case by the court. For cases
 filed before January 1, 2015, or to unsubscribe to any case, you must file a 
 Family Law Case Participant Enrollment Form - Attorney, 
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California Rules of Court: Title Eight Rules
Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule
Rule 8.417. Appeals from orders transferring a minor from juvenile court to a court of criminal jurisdiction

Article 3. Writs
Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26
Rule 8.452. Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26
Rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code section 366.28 to review order designating specific placement of a dependent child after termination of parental rights
Rule 8.456. Writ petition under Welfare and Institutions Code section 366.28 to review order designating or denying specific placement of a dependent child after termination of parental rights

Article 4. Hearing and Decision
Rule 8.470. Hearing and decision in the Court of Appeal
Rule 8.472. Hearing and decision in the Supreme Court
Rule 8.474. Procedures and data

Chapter 6. Conservatorship and Civil Commitment Appeals
Rule 8.480. Appeal from order establishing conservatorship
Rule 8.482. Appeal from judgment authorizing conservator to consent to sterilization of conservatee
Rule 8.483. Appeal from order of civil commitment

Chapter 7. Writs of Mandate, Certiorari, and Prohibition in the Supreme Court and Court of Appeal
Rule 8.485. Application
Rule 8.486. Petitions
Rule 8.487. Opposition and amicus curiae briefs
Rule 8.488. Certificate of Interested Entities or Persons
Rule 8.489. Notice to trial court
Rule 8.490. Filing, finality, and modification of decisions; rehearing; remittitur 
Rule 8.491. Responsive pleading under Code of Civil Procedure section 418.10
Rule 8.492. Sanctions
Child Support Information: Sacramento Superior Court

located at 3701 Power Inn Road, who will help any parent, regardless of income 
 and at no cost, to enforce child support orders. You do not have to be on public 
 assistance to get help from DCSS.

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The Superior Court of California - County of Ventura - Local Forms
VN197Notice of Motion and Motion to Transfer Case to Appropriate Court01/08

VN062Notice of Partial Settlement01/07

VN246Notice of Posting Advance Jury Fees07/13

VN207Notice to Alleged Father of Right to File Action to Determine Paternity [Family Code 7662(A)(2)]07/08

VN214Objection to Motion for Visitation [Guardianship]07/08

VN213Objection to Petition for Appointment of Guardian [Probate Code 1514, Ventura Court Local Rule 10.00 F.4]07/08

VN162Order (Civil)07/12

MandatoryVN192Order Approving Property Equity Bond01/08

VN170Order Confirming Arbitration Award07/03

VN212Order Dispensing With Further Notice to Alleged Natural Father and Terminating Parental Rights (Step-Parent Adoption) [Family Code Sections 7630(c), 7664(a)]07/08

VN155Order for Continuance (Civil)07/22

VN268Order for Investigation and Report - Family Code Sections 7850 and 785101/24

VN154Order for Payment of Judgement in Installments and for Stay of Execution of Judgment01/20

VN067Order for Publication of Summons or Citation01/05

VN148Order Granting Motion for Order Setting Aside/Vacating Default/Staying Execution of Judgment (Civil)07/10

MandatoryVN204Order of Adoption (Adult)01/21

VN235Order on Ex Parte Application for Temporary Guardianship07/14

VN161Order Releasing Evidence07/01

VN198Order Transferring Case to Appropriate Court01/08

VN254Order - Visitation (Guardianship Case)01/19

VN240Parentage Agreement01/12

MandatoryVN201Petition for Approval of Adoption Agreement (Adult)01/21

MandatoryVN200Petition for Authorization to Inspect Adoption and Birth Record Information and to Obtain Copies01/10
Civil Filing Instructions/Procedures: Sacramento Superior Court

Civil Filing Instructions/Procedures: Sacramento Superior Court

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Filing Instructions and Procedures

Home > Civil > Filing Instructions and Procedures

Acceptance of Credit Cards for Civil Fees
Filing Court Papers (General Information)
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Acceptance of Credit Cards for Civil Fees

 	 	Effective Monday, May 15, 2023, the Civil Division will discontinue using the 
 	 Credit Card Authorization Form (CV/E-201) to pay civil filing fees and certified copies. Credit card transactions
 	 	for payment of fees and certified copies will be limited to in-person front counter filings and transactions as
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Order to Show Cause for Name Change (form NC-120) | California Courts | Self Help Guide
As long as your child’s other parent followed all the steps required, the judge will likely give (grant) the order changing name. If you want, you can file a written statement saying you agree. Then, the court may cancel the court date and agree to change your child's name. 

Where to get help

This website has information to walk you through the basic process. But you may need more help. If so, you can start with the court’s Self-Help Center. Self-Help Centers offer free legal information.

Name change
What's next?

If you decide not to respond, there is nothing for you to do. 
If you decide to respond, you need to file a written response 2 court days before the hearing.

Go to the next step
 Get step-by-step instructions on how to fill out and file a written response.
 

 

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LawHelp Interactive Programs - equalaccess
SRL

Guardianship Program 

Assists proposed guardians to present a complete petition for guardianship for up to five children.
Includes probate fee waiver petition.
Courts that would like to offer this program should contact us at HotDocs@jud.ca.gov in order to provide local court information and indicate whether the court accepts the GC-210 or the GC-210(P).

Staff/Workshop

Income and Expense Declaration 

Standalone program for form FL-150 Income and Expense Declaration
For use in family law matters involving support, such as parentage, divorce, and domestic violence restraining orders
Bilingual program, available in English and Spanish
Detailed information about this program here: Bilingual Income and Expense Coversheet

Staff/Workshop

Name Change Petition

This program will help the user fill out the forms needed to ask the court to change the name of an adult, a child or children, or a family group, and includes a fee waiver petition.
The program will also help the user request a name change with recognition of gender change for an adult.
This version of the program contains local court venue information.
The publicly-available version of this program at Name Change Form Builder requires litigants to input their own courthouse information for form captions.

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Parentage Petition

This program will help the user fill out the forms needed to ask the court to establish parentage over up to four children.
Detailed information about this program here:
Parentage Petition Coversheet

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Parentage Response

This program will help the user fill out the forms needed to respond to a parentage petition.
Detailed information about this program here:
Parentage Response Coversheet

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Petition for Custody and Support

This program will help the user make a request for custody, visitation and support using the FL-260.
Petition for Custody and Support Coversheet

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Request for Order

This program will help the user fill out forms to file a Request for Order in a family law case, including new and modified orders for child custody, visitation and child support.
Detailed information about this program here:
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Family Court Services | Superior Court of California | County of Tulare
Do child custody recommending counselors interview children?
Children should not be brought to the court hearing. If the Court determines a minor interview is necessary, the Court will order Family Court Services to interview the child and provide a report to the Court. In addition, the counselor can recommend the If, after speaking with the parents, a child needs to be interviewed, the counselor will make arrangements to do so after meeting with the parents
Are children's wishes considered?
The law states that children's wishes will be considered when the child is "of sufficient age and capacity to reason." The judge decides when a child has attained this capacity and must only consider the child's wishes, not follow them. If the parents are unable to resolve their custody issues, a recommending counselor may ask to interview the child in order to clarify issues brought up in session. If parents can come to a decision on their own, this may not be necessary. If a child 14 or older expresses a desire to address the court, the counselor will notify the judge and arrangements will be made for that to occur.  Children should not be brought to court unless the court or the counselor has requested that they be interviewed.
What kinds of issues must the child custody recommending counselor report?
The counselor is required by law to report child abuse or neglect to the proper authorities. The counselor is also required by the Family Code to report domestic violence or drug abuse.
What is a limited investigation?
In some custody cases, the court needs to obtain more information about family issues in order to make a custody order. A member of Family Court Services will conduct an investigation and report to the court. This can include obtaining information from schools, doctors, and therapists as well as results from assessments for drug and alcohol abuse or domestic violence. There may be a fee imposed for the investigation.
Why are you going to be referred to child custody recommending counseling?
If you come to court without a plan for parenting your child or children, it is mandated in the State of California that you be referred for mediation and child custody recommending counseling so that you have the opportunity to resolve your dispute and eliminate the need for a court hearing.
Child custody and parenting time Index | California Courts | Self Help Guide


Child custody and parenting time Index | California Courts | Self Help Guide

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Type of Case

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Name Change

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Child custody and parenting time Index
Find a specific page or step-by-step instructions within our child custody and visitation (parenting time) section.

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Informational resources
Overview: Child custody and parenting time
Resources to develop a parenting plan 
What to expect from Family Court Mediation
Domestic violence and child custody
Child custody evaluations
Guide to supervised visitation
Relocating (moving away) with your child

Related topics and resources:Parentage
Child support
Divorce Domestic violence restraining orders

Court orders
Answer question to figure out what to file to get a custody and visitation order or see a list of What you can file to ask for a custody and visitation order
How to request an order
Respond to a request for order
Prepare a custody and parenting time agreement 
Ask for an emergency (ex parte) order
Enforce a custody order

 

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Case Types & Resolution | Superior Court of California | County of Tuolumne
It takes a minimum of six months from the date the divorce papers are served (given) to the other party before a divorce can be final. However, you are not automatically divorced at the end of six months. At least one spouse or partner must complete the required legal process and obtain a written judgment.
For more information on dissolutions, click here.
Summary Dissolution
If you and your spouse are in agreement that you want to divorce you may be able to obtain a summary dissolution. The criteria for a summary dissolution include:

You were married under five years;

There were no children born during the marriage; and

You have very few community assets and debts.

For more information about this option, which is less complicated than a regular dissolution of marriage, For more information click here.
Legal Separation
Legal separation is a legal action filed by a married person or domestic partner who wants to stay married or in the domestic partnership, but also wants to resolve all other issues, such as child custody, child and spousal support and property division.
There are no residency requirements for obtaining a legal separation.
Sometimes a person will file a legal separation because he/she does not meet the residency requirement for filing for a divorce. Then, after the residency requirements are met, the action is amended from a legal separation to a divorce.
Sometimes people stay in a marriage or domestic partnership for religious reasons or to be able to retain medical insurance benefits for a spouse or partner.
For more information on legal separations, click here.
Nullity
A nullity is more commonly known as an annulment of marriage. This may only be requested if a party alleges incest, bigamy, a minor without parental consent, unsound mind, fraud, force or incapacity to consummate marriage. An annulment restores the parties to the status of single persons, as though they were never married.
Domestic Partnership
Dissolution of a domestic partnership terminates the partnership. You must be a resident of the state of California, both parties do not have to agree to the dissolution, and it takes a minimum of six months for this action to become final.
For more information on domestic partnerships, click here.
Case Resolution