跟據加州家事法section 2320 與2321您的情況可以單獨提出申請分居,然而問題是您的小孩的監護權可能是一個問題,所以老貓會建議您與對方先談判,否則對方可能用爭取監護權來找您麻煩,老貓會建議您找一位律師諮詢一下。
申請分居的範本
2330. (a) A proceeding for dissolution of marriage or for legal
separation of the parties is commenced by filing a petition entitled
"In re the marriage of ____ and ____" which shall state whether it is
a petition for dissolution of the marriage or for legal separation
of the parties.
(b) In a proceeding for dissolution of marriage or for legal
separation of the parties, the petition shall set forth among other
matters, as nearly as can be ascertained, the following facts:
(1) The date of marriage.
(2) The date of separation.
(3) The number of years from marriage to separation.
(4) The number of children of the marriage, if any, and if none a
statement of that fact.
(5) The age and birth date of each minor child of the marriage.