Where do we file our notarized separation agreement in California so it becomes legally enforceable?
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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).
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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).
