Where to File for Divorce in Santa Clara County?
If you’re filing for divorce in Santa Clara County, you’ll need to go through the Superior Court of California, County of Santa Clara. This court handles all family law cases, including divorce, child custody, and support. Below is the courthouse where you can file your divorce paperwork:
Address: 201 N. First Street, San Jose, CA 95113
Phone: (408) 534-5600
Business Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m. (closed 12:00 p.m. – 1:00 p.m.)
Where to File: File your divorce petition with the Family Law Clerk’s Office located in Room 113 of the Family Justice Center Courthouse.
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The Requirements for Divorce in Santa Clara County
DivorceCanBeSimple.com knows how stressful divorce can be in Santa Clara County. That’s why we made a clear guide to explain the rules. To file for divorce in Santa Clara County, you must meet California’s residency requirements under California Family Code § 2320. At least one spouse must have lived in California for six months and in Santa Clara County for three months before filing. Once this is done, you can submit your divorce petition to the Santa Clara County court.
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Filing for an Uncontested Divorce in Santa Clara County
If your divorce is uncontested in Santa Clara County, you can complete the process more quickly since both spouses agree on all terms. Here’s what you need to do to file for an uncontested divorce in Santa Clara county:
- Find out which forms you need and read the court rules.
- Fill out your first papers, including the Petition for Dissolution of Marriage, and give them to the court clerk.
- Pay the filing fee, or ask for a fee waiver if you cannot afford it. Make sure the clerk stamps your copies.
- Give your spouse copies of the papers. They must file a Response or sign a Waiver of Service.
- Wait six months. The waiting period starts when your Petition is filed.
- While waiting, prepare the other forms needed to finish your divorce.
- Give your spouse the completed Judgment for Dissolution of Marriage. They sign it if they agree with everything.
- After the waiting period, set the final hearing date with the court clerk.
- Take all your papers to the hearing and answer any questions from the judge.
- Give the signed Judgment and other orders to the clerk. Ask for a certified copy for your records.
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Required Divorce Forms in Santa Clara County
Here is the list of basic forms that you need in order to start a divorce in Santa Clara County:
- Petition – Marriage/Domestic Partnership (FL-100): You use this to ask the court to end your marriage.
- Summons (FL-110): This tells your spouse that you filed for divorce.
- Response – Marriage/Domestic Partnership (FL-120): Your spouse can use this to agree or explain if they disagree with your petition.
- Child Custody and Visitation Declaration (FL-105/GC-120): You fill this out if you have children, to show your plan for custody and visits.
- Income and Expense Declaration (FL-150): You report your money, bills, and income so the court can see your finances.
- Property and Debt Disclosure (FL-142): You list what you own and what you owe.
- Judgment (FL-180): This is the final paper the judge signs to officially end your marriage.
Some forms may not apply to you, and you could need extra forms. Check with the court clerk to be sure which forms you must file. DivorceCanBeSimple can help by preparing all the forms you need so you have everything ready.
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Santa Clara County Divorce Filing Fees
In Santa Clara County, California, the filing fee for a divorce petition is $435. If you cannot afford this fee, you may apply for a fee waiver by completing the “Request to Waive Court Fees” (Form FW-001) and the “Order on Court Fee Waiver” (Form FW-003). These forms are available on the Superior Court of California, County of Santa Clara’s website.
After submitting your fee waiver request, the court will review it and notify you of its decision. If your request is denied, you have 10 days to pay the fee or provide additional information. Failure to act within this timeframe may result in your documents being voided.
For more information or to download the necessary forms, visit the Superior Court of California, County of Santa Clara’s official website at www.santaclara.courts.ca.gov.
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