This program will assist you with preparation of the initial legal documents necessary to address Family Law issues.
First, you must select the proper county where you will file your papers. This program fills in the address of the court you select. If you already know what county you should file in, select that county from the pull down menu to your left. If you don't know what county to select, below are some common scenarios that might help you pick the "venue" (the proper place to file your papers). If you are still not sure, contact an attorney or family law facilitator.
* Just starting a divorce: You can file a divorce in California if, at the time of filing, either you or your spouse have resided in California for at least the past six (6) months. The proper county to file your divorce in is the county where you or your spouse have resided for the past three (3) months. (Please see the next paragraph if you do NOT meet these requirements.) Either you or your spouse MUST meet both these requirements in order to obtain your divorce in California. It does not matter where you were married.
* Just starting a legal separation: If neither you nor your spouse have lived in California for at least the last six (6) months, and in one county in California for at least the last three (3) months, you cannot file for a divorce BUT you can file for a legal separation to get the process started. In this situation, you should file in the county where you currently reside or where you intend to reside for at least three months. Once you have met the residency requirements (living in California for six months and in one county for a three month period), you will be able to amend your petition from a legal separation to a petition for divorce (dissolution).
* Cases concerning children: If you and the other parent were never married, and you want to file for custody, visitation or support orders for the first time, you should choose the county in which the child(ren) currently reside.
If you and the other parent are married and you do NOT want a divorce or legal separation, but you DO want child custody, visitation, or support orders, you should consult an attorney or local family law facilitator.
* A case that has already started: If you want to respond to legal papers, then you should choose the county in which those papers were filed, even if you do not live there.
If you want to request custody, visitation, support or other orders and there is an existing court case, then you should choose the county in which that case was filed. You will need to know that court’s case number. But, if you want to request a CHANGE to existing court orders for custody, visitation or support, you CANNOT use this program. You should consult with an attorney or your county’s Family Law Facilitator in regards to this issue.
* If you want to file financial papers in an existing court case, then you should choose the county in which that case was filed. You will need to know that court’s case number.
***If you have further questions about where to file, please consult a family law attorney or your county’s Family Law Facilitator*** |