Where to File for Divorce in Alameda County?
In Alameda County, family law cases are handled in two locations. Divorce paperwork must be filed at the Hayward Hall of Justice, while petitions for protective order issuance under the Family Code may also be filed at the Oakland RenΓ© C. Davidson Courthouse.
1225 Fallon Street, Oakland, CA 94612
Phone: 510-891-6000
Business hours: 8:30 a.m. β 3:00 p.m.
Drop Box hours: 3:00 p.m. β 4:00 p.m.
24405 Amador Street, Hayward, CA 94544
Phone: 510-690-2700
Business hours: 8:30 a.m. β 3:00 p.m.
Drop Box hours: 3:00 p.m. β 4:00 p.m.
π The Requirements for Divorce in Alameda County
To be eligible to file for divorce in Alameda County, a couple should meet residency requirements. According to the California Family Code, either spouse must be a state resident for at least 6 months and live in this county for a minimum of 3 months before filing the Petition.
π Filing for Uncontested Divorce in Alameda County
To file for an uncontested divorce, take the following steps:
- Obtain the forms required for your specific case and fill them out.
- File the initial paperwork with the county court and pay the filing fee.
- Serve the copies of the divorce documents on the other party to officially notify them about the initiated process and wait 30 days for their answer.
- File the Proof of Service form completed by a server with the court, even if there is no answer from the respondent.
- Have the respondent complete and file the necessary forms with the court and serve them on you.
- Exchange preliminary financial disclosures with the other party within 60 days after filing the Petition and Response.
- Submit the Declaration Regarding Service of Declaration of Disclosure to the court to prove the completed disclosures.
- File the documents required to finalize the divorce case and get the copies after the judge signs the final Judgement.
- Exchange final financial declarations unless you want to waive this process by filing the corresponding form with the court.
ποΈ Required Divorce Forms in Alameda County
The required forms for filing for divorce depend on the case type and your specific circumstances. The basic paperwork for an uncontested divorce would include:
- Petition (FL-100)
- Summons (FL-110)
- Response (FL-120)
- Proof of Service of Summons (FL-115)
- Declaration of Disclosure (FL-140)
- Income and Expense Declaration (FL-150)
- Schedule of Assets and Debts (FL-142)
- Declaration Regarding Service of Declaration of Disclosure (FL-141)
- Divorce Judgment (FL-180)
If you have minor children, you may also need:
- Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105)
- Child Support Case Registry (FL-191)
- Income Withholding for Support (FL-195)
- Child Custody and Visitation (Parenting Time) Application Attachment (FL-311)
- Notice of Rights and Responsibilities (FL-192)
Mind that these lists are approximate. It is necessary to check the exact required forms in advance before obtaining, completing, and filing the papers.
π³ Alameda County Divorce Filing Fees
Filing fees in civil matters, including family law cases, are $435. If you cannot afford such a sum, you may file a Request to Waive Court Fees. The court will waive your fee if it finds your request reasonable after you provide proof of low income and inability to pay.
Besides, your divorce process would entail expenses for other services like making copies, filing additional motions or requests, delivering papers to the other party, etc. It would be good to consult with the court clerk concerning these matters. You may contact the clerk at the County of Alameda Superior Court website to inquire about the fees and the possibility of waiving them.
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