FL-100 Guidance: Divorce Petition | Gavel

Table of Contents

When you need it
How to file it
Filling it out
What to do after filling it out
Related form

FL-100 Guidance: Divorce Petition (California)

The FL-100 Divorce Petition form is used in California to initiate the legal process for dissolving a marriage or domestic partnership, seeking a legal separation, or requesting nullity due to specific legal grounds. Jump to guide on filling it out.

Official FL-100 PDF Download (ca.gov)

When you need form FL-100

The FL-100 Divorce Petition form is essential at the commencement of the divorce or legal separation process in California. This document signifies the formal request to end a marriage or domestic partnership, including options for dissolution, nullity, or legal separation for married, registered domestic partners, or both. Before reaching the point of filing the FL-100, individuals typically engage in discussions about their decision to divorce or separate and may have attempted marital counseling or alternative dispute resolution processes.

The need for the FL-100 is usually triggered by one party's decision to formally end a marriage or partnership. It lays the foundation for court proceedings addressing issues such as spousal support, child custody, and division of property and debts. Filing this petition is a critical step that sets in motion the legal mechanisms for resolving marital or partnership matters officially.

How to file form FL-100

  1. Determine Eligibility: Ensure you meet the residency requirements by being a resident of California for at least six months and the filing county for at least three months.
  2. Complete the Form: Fill out the FL-100 form accurately, providing information on marriage/partnership, children, and property.
  3. File with Court: Submit the completed form at the Superior Court of California in the county where you or your partner live.
  4. Serve Documents: Serve copies of the filed form to your spouse/domestic partner following California's legal procedures.
  5. Pay Filing Fees: Pay the required filing fee when submitting the documents, or apply for a fee waiver if eligible.

Tips for filling out form FL-100

Pay special attention to these less obvious sections:

What to do after filing form FL-100

  1. Serve the FL-100 Petition and Summons to the Respondent.
  2. Complete and file a Proof of Service of Summons (Form FL-115) with the court.
  3. Wait for the Respondent to file a Response (Form FL-120) within 30 days.
  4. If the Respondent files a response, complete Preliminary Declarations of Disclosure (Form FL-140).
  5. Consider attending court-directed mediation to address contested issues.

Related Forms

FL-100: Divorce Petition

The FL-100 Divorce Petition form is used in California to initiate the legal process for dissolving a marriage or domestic partnership.

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FL-110: Summons

The FL-110 Summons form is used when initiating divorce proceedings in California, notifying the respondent of the legal action.

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FL-105: UCCJEA

The FL-105 UCCJEA form is used in California during child custody cases to declare the child's residential history.

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FL-115: Proof of Service

The FL-115 Proof of Service of Summons form is used to document that the respondent has been properly served with legal documents.

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FL-117: Notice and Acknowledgement of Receipt

The FL-117 Notice and Acknowledgment of Receipt form is used in California divorce proceedings to document a recipient's acknowledgment of consent to receiving legal documents.

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FL-141: Declaration Regarding Service of Declaration of Disclosure

The FL-141 form must be completed to declare that a Preliminary or Final Declaration of Disclosure has been served.

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FL-300: Request For Order

The FL-300 Request for Order (