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Steps for Legal Separation in California
legal separation in California is an easy step by step process, if followed properly. We guide you through the process and provide you tips to help you through the process.
- Each begins with a petition for legal separation. One part is called the petitioner and the other part is called the respondent. The party filing the first document and gets the case in hand is called the petitioner. The respondent is the other party.For your separation has begun, you must prepare a petition and a summons to appear (with copies), then file the petition and summons to your county courthouse and pay the fee (approximately $ 340.00).
Then you need to formally serve a copy of the endorsed, filed the petition along with your spouse in a draft reply and a copy of the summons. If you have filed additional documents to the query as UCCJEA declaration because you have minor children, a copy of this blank form and a copy of the form filed must also be served.
Your spouse has 30 days to file an answer, but he / she can do it anytime before the petitioner has the Respondent’s default.
- The spouses of many reasons to file a response is as follows:
- The respondent will have a voice in all decisions of the legal separation.
- The respondent will have a voice in the process of legal separation.
Once the answer is filed, both parties are equal and everyone can take the next legal step for a legal separation.
Be aware that when the petition is served on the respondent, to sometimes non-binding on both parties automatically.
I advise you not to surprise your spouse. Sometimes, respondents get very emotional when they are served with court documents that they do not expect.
So, unless your spouse is an abuser or a control freak or has mental health problems, it is best to let them know that the legal separation is pending.
- There are free legal assistance available. California courts have a Self Help Center on their website: http://www.courtinfo.ca.gov/selfhelp/family/. The forms used by the courts are available as well as information on legal topics such as: custody and visitation or Family Law Overview.
You can also visit your local library, county law clerk where you can often trained to help people who want legal information.
Finally, if you’re stuck, you can check to see if one of your family lawyers local supply of so-called “limited scope representation.” This is a fancy term for a lawyer only when you need help and not to keep your file together.
Beware! California has very complex rules about how the defendant has received the papers for legal separation. Contrary to what you see on soap operas, you can not reach legal documents for your spouse officially “serve” him or her.
You can find information on how to meet your spouse http://www.courtinfo.ca.gov/selfhelp/family/divorce/step2.htm
Things to know before you go for legal separation in California
- California Forms of separation names. The petition is called FL-100. The transfer is called FL-110. Forms are available free on the site given the location in the article.
- This article is not intended to replace legal advice from a lawyer licensed in California who practices family law. If you need legal advice, please seek the services of a competent attorney in family law in California.
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