Form Packets – Emancipation
FORMS NEEDED TO FILE FOR EMANCIPATION
|FORM NUMBER||FORM NAME||DOWNLOAD IT FROM:|
|EM-100||Petition for Declaration of Emancipation of Minor||www.courts.ca.gov/documents/em100.pdf|
|EM-109||Notice of Hearing – Emancipation of Minor||www.courts.ca.gov/documents/em109.pdf|
|EM-115||Emancipation of Minor Income and Expense Declaration||www.courts.ca.gov/documents/em115.pdf|
|EM-130||Declaration of Emancipation of Minor After Hearing||www.courts.ca.gov/documents/em130.pdf|
|EM-140||Emancipated Minor’s Application to California Department of Motor Vehicles||www.courts.ca.gov/documents/em140.pdf|
GENERAL INSTRUCTIONS FOR EMANCIPATION
Please thoroughly read all of the information for the instructions for filing for Emancipation.
Note: The employees of the Superior Court are prohibited by law from giving legal advice (Government Code §24004 and §68082).
Submitting Your Forms for Filing
- You may not use all of the forms above depending upon your scenario. Make sure to provide all of the required forms for your scenario.
- All information must be completed and all forms must be dated and signed.
- Documents must be typed or neatly hand printed, using blue or black ink only.
- Lined paper or colored paper is not acceptable for filing.
- Submit the original plus a set of copies for yourself. Failure to provide copies may result in additional fees. Always remember to include a self-addressed stamped envelope (SASE) with adequate postage in order to have your copies returned to you. Failure to include a SASE will result in in your copies being placed in the pick-up cabinet located on the floor of the Clerk’s Office you filed your documents with. Documents not picked up within 30 days may be destroyed.
- Include a self-addressed stamped envelope (SASE) with adequate postage in order to have your copies returned to you. Failure to include a SASE will result in your copies being placed in the pick-up cabinet located on the fourth (4th) floor of the courthouse. Documents not picked up within 30 days may be destroyed.
- Provide the correct filing fee for your documents to be processed. (If you cannot afford to pay the court fees and costs, you may ask the Court to waive all or part of your fees by completing a Fee Waiver Application, from FW-001. See Fee Waiver Packet Information located on the Court’s website at: www.sjcourts.org/form-packets/form-packets-fee-waiver/.) For a list of current fees go to www.sjcourts.org/forms-filing/court-fee-schedule/.
All court proceedings are in English. If you require the assistance of an interpreter, you may ask the Court to provide an interpreter by completing and filing Judicial Council form INT-300 – Request for Interpreter at www.courts.ca.gov/documents/int300.pdf.
In the event you are required to serve documents through publication, there is a separate fee for publishing the document in a newspaper. You will need to contact the newspaper for their fee. Click here to download a list of approved newspapers
- If you need assistance with your paperwork you may go to the Self-Help Center located at 180 East Weber Avenue, Suite #105, Stockton, CA 95202. Online assistance is available at www.sjcourts.org/self-help/self-help-pro-per-clinic/ (response time is three to five days).
- The Lawyer Referral Service may be able to assist you in finding an attorney to help you with any legal questions pertaining to the completion and presentation of the appropriate forms for filing. Their phone number is (209) 948-4620.
- Additional information regarding the emancipation process is located on the California Court’s website at: www.courts.ca.gov/selfhelp-emancipation.htm.