General Filing Information:
Please check the Fee Schedule for the current filing fees actions such as divorce, legal separation, annulment, harassment. There is no fee for domestic violence claims.
If you feel that you cannot afford to pay the filing fee, you may ask the clerk for an application for waiver of court fees. There is no cost for this form.
Types of Action:
Dissolution, better known as divorce, divides the assets and debts of a couple, determines custody and visitation rights of their children and returns the couple to the status of unmarried.
Legal separation divides the assets and debts of a couple, determines custody and visitation rights of their children, but leaves the couple legally married.
Nullity restores a couple to the status of not having been married.
A paternity proceeding establishes who are the parents of a child or establishes the fact that there is a parent-child relationship.
There are two types of restraining orders in family law. A domestic violence proceeding is to obtain an order to protect a person from physical violence from a family member or a person they may have lived with or had a dating relationship. A harassment restraining order is to protect a person from the actions of another whose intent is to annoy, alarm or verbally abuse the person seeking such an order.
Temporary Restraining Orders may be obtained at the following courthouses in Alameda County:
- Hayward Hall of Justice
- René C. Davidson Alameda County Courthouse, Oakland
- George E. McDonald Hall of Justice, Alameda
- Berkeley Courthouse
- Fremont Hall of Justice
- Gale/Schenone Hall of Justice, Pleasanton
Forms and information also are available on-line. The Judicial Council of California provides information regarding obtaining a temporary restraining order. That form is listed as Form Number DV110. Forms for obtaining a restraining order also are available. That form is Form Number DV130.
Forms and Filing:
Forms can be obtained from the Family Law Division. All forms must be typewritten before they are presented to the clerk for filing. Typewriters are available for use by the public in the Law Library for a nominal fee. (We do not require that forms be type written. They must be in either blue or black ink and legible.)
When filing your documents with the clerk of court, you will need to present an original and two copies of each form. The original will remain with the court and the copies will be made to look like the originals and returned to you. One copy is for your file, and the other is to be served on the other party.
Motions together with proof of service must be filed at least 15 days before the hearing and must contain the correct date, time and courtroom for the hearing.
An Order to Show Cause must be filed and served at least 15 days before the hearing and must contain the correct date, time and courtroom for the hearing.
There is a fee for filing a motion. If it is a first appearance fee already has been paid. Request for continuances may require a Declaration and Order, or Stipulation and Order. The clerk cannot grant a continuance.
The fees for filing order or motion to show cause modifying custody or visitation and other motions, Order to Show Causes and Ex-parte motions' fee are listed in the fee schedule.
The fee for filing a motion is $40.00 if the first appearance fee already has been paid. Request for continuances may require a Declaration and Order, or Stipulation and Order. The clerk cannot grant a continuance. The fee for filing a request for continuance for a hearing date is $20.00. The filing fee for Request for continuance of a trial date is $40.00.
The fee for filing order to show cause or motion modifying custody or visitation is $65.00. Other motions, Order to Show Causes and Ex-parte motions' fee is $40.00.
Ex-parte motions are heard by appointment only and must be scheduled by the clerk of the assigned courtroom. Ex-parte applications must be filed by noon the day before the hearing.
To file a petition for Domestic Violence, you must: Be related to the party on whom you are seeking a restraining order; or, have dated this party; or, have lived with this party or were married to this party, and do not have a divorce case in this county.
Court Dates and Times:
For information about a court date or time, please contact the clerk of court at the courthouse where you are scheduled to appear.
Directions to the Rene C. Davidson Alameda County Courthouse: Click HereDirections to the Hayward Hall of Justice: Click Here
Directions to the Gale/ Schenone Hall of Justice: Click Here
The summons and petition may be served by a registered process server or anyone over the age of 18 who is not a party to the action. The original proof of service must be filed with the court to obtain a judgment against the defendant.
Notices may be served by personal service or by first-class mail. A proof of service or declaration of mailing must be attached to the notice when it is filed with the court.
Responses and Answers:
If you have been served with a summons and want to respond, forms may be available in the clerk’s office. Be sure to let the clerk know which type of summons and petition you have been served. Failure to file a response may lead to a judgment being entered against you.
