Where to File Divorce papers faq

Which courthouse should I go to, to file my divorce papers?

If you are starting a new divorce case, your case needs to include local form FM-1051 Declaration of Residence  . This is the form the Court uses to determine where all paperwork associated with your case will be handled.

Once you've determined which courthouse is "yours" by checking you or your spouse's zip code on the form, then:

  • You must file in that courthouse IF you are asking for a fee waiver and are NOT on aid, or
  • You can file at ANY of the courthouses that handle Family Law case (Family Courthouse in downtown San jose, Notre Dame Courthouse, or Sunnyvale Courthouse) if you are paying the filing fee OR are asking for a fee waiver and are on aid already.


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