We live in Mountain House (San Joaquin County) ca. We have been separated on and off for 6 months and I would now like to file for a legal separation. What is the court name and address for us to file in?
and also, what is the fee? I know the form is FL 100 and FL 110. And if its an amicable legal separation, can I serve my husband myself?
What would be the difference between this and a notarized separation agreement?
Family Law Attorney
You would file in San Joaquin county at the courthouse that is nearest to you that handles family law matters. You can check with the clerks office. A notarized separation agreement won't be enforceable since it was signed by a judge. Notarization does not make a document legal. It only gives a witness to the credibility of the signature. Your husband must be served by a third party. You must file the proof of service. The fee is usually $435 but if you are low income you can file a request for a fee waiver. You also need to file an Fl-150 Income and Expense Declaration and if there are children under the age of 18, then you need to also file an FL-105.
General Practice Lawyer
1) Check with the San Joaquin Superior Court clerks to determine where petitions for legal separation are filed given your particular zip code.
2) The filing fee is $435.00. See: http://www.stocktoncourt.org/pdf/Fee%20schedule%202012%2007%2003.pdf
3) You cannot serve papers because you are a party to the action. You will have to have someone who is over the age of 18, who is not a named party, and is not a protected party under any restraining order, serve the papers.
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Construction / Development Lawyer
San Joaquin County court is the place to file your paperwork. Check online at the San Joaquin Superior Court website to get the address, forms and filing fee.
No, you cannot serve your husband yourself.
A notarized separation agreement is not part of a legal court proceeding. It might be useful for establishing a date of separation, and for working out the terms of the separation, but it would not be legal in terms of an actual separation.