Legal Separation Form

Legal Separation

Step 1 of 6

16%

1. About you, the petitioner

Full legal name

Your Address

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Phone number

E-mail

2. About your spouse, the respondent

The respondent's legal name

The respondent's Address

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Phone number

E-mail

Is your spouse on active military duty?

Yes

3. Residency Requirements for you...

I have been a resident of California for at least the last 6 months AND a resident of the County in which I intend to file the divorce for at least the last 3 months.

Yes

My spouse has been a resident of California for at least the last 6 months AND a resident of the County in which I intend to file the divorce for at least the last 3 months.

Yes

4a. Date of Marriage

When did you get married?

Please write the date all spelled out (ex. January 10th, 2010)

4b. Date of Separation

Please write the date all spelled out (ex. September 21st, 2022)

5. Restoration of former name

I would like to restore my former name to: (write full MAIDEN NAME including middle name)

SKIP IF IT DOESN'T APPLY TO YOU

6a. Community Property assets and debts

Indicate how community property assets and debts will be listed on the petition

We have NO community property assets or debts subject to disposition by the Court (skip to next question if you pick this option)

There are community property assets and debts and the larger assets and debts are listed below…

If there are community ASSETS, please list the major ones here (ex. House, Cars, etc.)

At this early stage of the process there is no need to be overly specific - you will be asked later in the process about more information

If there are community DEBTS, please list the major ones here (ex. Mortgage, Student Loans, Credit Cards, etc.)

6b. Separate Property assets and debts

Indicate how separate property assets and debts will be listed on the petition

We have NO separate assets or debts subject to disposition by the court in this proceeding OR

There are separate property assets and debts and the large assets and debts are listed below...

If there are separate assets, please list the major ones for the petitioner here (ex. House, Cars, etc.)

At this early stage of the process there is no need to be overly specific - you will be asked later in the process about more information

If there are separate debts, please list the major ones for the respondent here (ex. House, Cars, etc.)

7. Spousal Support

Multiple selections allowed

I would like spousal support to be payable to:

Myself, the petitioner

My spouse, the respondent

I would like to terminate the court's ability to award spousal support to:

Myself, the petitioner

My spouse, the respondent

I would like to reserve for future determinartion the issue of spousal support to:

Myself, the petitioner

My spouse, the respondent

8. Serving your spouse

Serving your spouse is an essential part of your divorce or legal separation proceedings. In a divorce, it marks the beginning of the 6 months and 1 day waiting period, which is the earliest you can be divorced in California

How are you going to serve your spouse?

By mail (as long as the respondent is willing to sign the Acknowledgment)

Spouse will stop by one of our stores to be served

Personal Service by third party

By publication in a newspaper (allowed in missing spouse cases only)

9. Minor Children

SKIP THIS ENTIRE PAGE IF THERE ARE NO MINOR CHILDREN OF THIS MARRIAGE

By "MINOR CHILDREN" of the marriage we mean minor children of the parties divorcing or filing for a legal separation

Were any of the children above born BEFORE the date of the marriage?

Yes

If you answered NO to the previous question, please skip to the next page. If you answered YES to the previous question; how paternity will be handled?

The biological father will sign a voluntary declaration of parentage.

The court will determine parentage of such children.

How many minor living children do you have?

Skip to next question if none

10. Custody of the Children

SKIP THIS ENTIRE PAGE IF THERE ARE NO MINOR CHILDREN OF THIS MARRIAGE

Although this is not a legal definition of legal custody, in general, a parent with legal custody has legal authority to make decisions for his/her child on issues such as education, medical care, dental care, and religion.

Joint Legal Custody
Parents who have joint legal custody will share in the responsibility of making decisions and raising the child. According to California Family Code section 3003, "joint legal custody" means both parents shall share the right and the responsibility to make the decisions relating to the health, education and welfare of a child."

Sole Legal Custody
A parent with sole legal custody will make the decisions regarding the upbringing of the child. According to the California Family Code section 3006, "sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child."

Who should get legal custody of the child(ren)?

Petitioner

Respondent

Joint

Other

Who should get physical custody of the child(ren)?

Petitioner

Respondent

Joint

Other

Who should get visitation with the child(ren)?

Petitioner

Respondent

Joint

Other

11. Court Orders regarding the Children

Are there any Court Orders regarding the Child(ren), such as Paternity, etc.?

Yes

If you answered "Yes" to the previous question, please share with us the following: Date of Order, Court, Branch, Nature of Proceeding, Status of Proceeding. Also, do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or visitation rights with any child subject to this proceeding? If yes, describe case, and provide name and address of that person.

12. Residence Information of the Children

Beginning with the current address of the child(ren) and going back in the past, list the address(es) where the child(ren) have been living for the past 5 years.

How many different addresses have the minor child(ren) lived at in the last 5 years (including the current one)?

Start with the current address of the minor child(ren) - type a number higher than "0"

Any comments you would like to share with us

Name of the person filling out the questionnaire

Your telephone number

Your e-mail

I prefer to be contacted by

Phone

E-mail