[CA] Where do we file our notarized separation agreement in California so it becomes legally enforceable?
Spouse and I have signed the separation agreement. It's been notarized. Now what do we do?
10
2
Solved
Thank you for your question. In California, signing and notarizing a separation agreement does not automatically make it enforceable.
If you want it legally recognized, you must file for legal separation or divorce. In Contra Costa County, you would file:
- Petition (FL-100)
- Summons (FL-110)
Then you can attach your separation agreement. Once the judge approves it, it becomes a court order (Family Code §2336).
If you do not file for legal separation or divorce, your notarized agreement is only a private contract, enforceable through civil court but not through family law enforcement. You may file at the Spinetta Family Law Center (Martinez) or through Contra Costa e-filing. The filing fee is about $435; fee waivers are available (Government Code §68632).
0
Full Conversation
Spouse and I have signed the separation agreement. It's been notarized. Now what do we do?
Have you both discussed how to handle any shared assets or debts moving forward?
No shared assets, no children, basically zero. Do we file this somewhere?
Are there any children involved in this separation?
Nothing shared. No children. Where do we file?
Is there anything else the lawyer should know before I connect you?
No.
Can you please let me know which state or country you’re located in? Filing rules vary.
California. Contra Costa County.
Thank you for your question. In California, signing and notarizing a separation agreement does not automatically make it enforceable.
If you want it legally recognized, you must file for legal separation or divorce. In Contra Costa County, you would file:
- Petition (FL-100)
- Summons (FL-110)
Then you can attach your separation agreement. Once the judge approves it, it becomes a court order (Family Code §2336).
If you do not file for legal separation or divorce, your notarized agreement is only a private contract, enforceable through civil court but not through family law enforcement. You may file at the Spinetta Family Law Center (Martinez) or through Contra Costa e-filing. The filing fee is about $435; fee waivers are available (Government Code §68632).
Legal Eagle
128,690 satisfied customers
5 lawyers online now
9
3
Answered 3 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
