Family Law

Divorce, Legal Separation, and Annulment

A dissolution of marriage (or divorce) may be filed by a party seeking to end a marriage. To obtain a divorce in the state of California, you or your spouse must have lived in California for the last six months and for three months in the county where you are going to file for divorce.

A party who either can't file for divorce because he or she doesn't meet the residency requirements or does not wish to end the marriage for psychological or economic reasons may file a legal separation. The judicial officer can make orders for child support and/or spousal support, custody and visitation, and division of property; however, the parties remain legally married, even though they may be living apart.

You may ask the judge to declare that your marriage is not valid by filing an annulment (nullity of marriage). There are several reasons for why a judge may say that a marriage is not legally valid. For example, a marriage that is incestuous (between close blood relatives) or bigamous (where a spouse is already married to someone else) is never legally valid.

Custody and Visitation

The Petition for Custody and Support of Minor Children may be filed by parents who:

• Have signed a Voluntary Declaration of Paternity, or
• Are married and don't want to get legally separated or divorced, or
• Are not married and have legally adopted a child together, or
• Have been determined to be the parents in a juvenile or Department of Child Support case

By filing this petition, the parents may ask the court to make custody and support orders, in addition to other orders.

You may also ask the court to make orders for child support, spousal support, custody, and visitation by filing an Order to Show Cause or a Notice of Motion on an existing divorce, legal separation, or nullity, domestic partnership, or paternity case.

Paternity

Establishing paternity means saying who the legal parents of a child are if the parents were not married when the child was born.

A child's parentage must be established before you can get child support or custody and visitation orders. By filing the Petition to Establish Parental Relationship, you may ask the court for child support or custody and visitation as part of this case.

Domestic Partnerships

Domestic partners are defined as "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring."

To dissolve (terminate) a Domestic Partnership, you may file a Petition for Dissolution.

How to Get a Domestic Violence Restraining Order

What is a restraining order?

It is a court order that helps protect people from abuse.

What is abuse?

Abuse means to hit, kick, hurt, scare, throw things, pull hair, push, follow, harass, sexually assault, or threaten to do any of these things. Abuse can be spoken, written, or physical.

Can I get a restraining order?

You can ask for one if:

• A person has abused you, and
• You have a close relationship with that person (married, divorced, separated, dating or use to date, live together or used to live together), or you are related (parent, child, brother, sister, grandmother, grandfather, in-law)

How will the restraining order help me?

It can order the restrained person to:

• Not contact or go near you, your children, other relatives, or others who live with you
• Not have a gun
• Move out of your house
• Follow child custody and visitation orders
• Pay child support

For more detailed information, you may visit the Family Law Facilitator or log onto the Judicial Council's self-help website.

Can I submit my request for domestic violence restraining order online?

Yes.  You can find instructions for e-filing documents with the court, including petitions for domestic violence restraining orders, here.  You can also obtain information about electronic filing from your Electronic Filing Service Provider, or by calling the clerk’s office at (559) 730-5000, option 4.

Can I appear remotely at the hearing on my petition for a domestic violence restraining order?

Yes.  You can find instructions for remote appearances here.   You can call (559) 738-2330 to obtain assistance regarding your remote appearance.  This telephone number is staffed before and during court sessions.  You should call this number if you are having difficulty with a scheduled remote appearance.

How to Request Copies

The cost for copies is $.50 per page. If certification is requested, an additional $40.00 per document will be assessed.

Please provide the following information:

• Petitioner's and Respondent's name
• Case Number
• Specific documents requested

To request copies by mail, submit a check payable to "Clerk of the Court." DO NOT SEND CASH. If the total amount is unknown, indicate under the amount line "not to exceed $50.00." The correct amount will be filled in and a receipt will be forwarded, along with the requested copies. All checks must be preprinted with the maker's name and address. Copy orders are filled within 7-10 working days.

Please include a self-addressed, stamped envelope large enough to accommodate the request.

Requesting Certified Judgments

To request a certified copy of a judgment (divorce decree), please provide us with a case number. If you do not know the case number, you must provide us with the full names of both parties at the time the divorce was filed and the approximate year of the filing.

You may mail your request, along with a self-addressed envelope with sufficient postage and a check or money order for $15.00 plus $.50 per page copy fee. Or you may visit the office Monday through Friday, 8:00 a.m. - 4:00 p.m.

Requesting Copies of Paternity Cases

To request copies from a paternity case, you must come into the office and show picture identification. Information/copies can only be provided to the actual parties listed on the case.

Self-Help Resource Center 

The Self-Help Resource Center offers self-represented parties with family law and other legal matters.  There are Self-Help Resource Centers in both courthouses.  Please see Self-Help Section on the court website for further information about these services.

Department of Child Support Services

Department of Child Support Services (DCSS) matters are heard in the Dinuba division on Monday, Wednesday, Thursday and Friday, and in the Porterville court on Tuesdays.  

There are no clerk window services available for filing documents related to DCSS' cases in the Dinuba division.  Parties wishing to file paperwork must submit their documents to the clerk's office located at the Department of Child Support Services, 8040 West Doe Avenue, Visalia, CA 93291, (559) 713-5800, or at the Porterville Department of Child Support Services located at 259 North Main Street, Porterville, CA 93257, (559) 713-5800.

If you need assistance or further information you may contact the Tulare County Superior Court Self Help Resource Center located in the courthouse at 221 South Mooney Blvd, Room 203, in Visalia, or in the South County Justice Center, in Porterville.