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.
- Consider filing a Preliminary Declaration of Disclosure.
- Ensure you have completed the Declaration Regarding Child Custody if applicable.
- Understand residency requirements have been fulfilled.
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
- 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.
- Complete the Form: Fill out the FL-100 form accurately, providing information on marriage/partnership, children, and property.
- File with Court: Submit the completed form at the Superior Court of California in the county where you or your partner live.
- Serve Documents: Serve copies of the filed form to your spouse/domestic partner following California's legal procedures.
- 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:
Item 12: Restraining Orders Notice
Read the restraining orders on the back of the summons carefully, as they automatically apply once the petition is filed.Item 1c: Domestic Partner Jurisdiction
If your domestic partnership was NOT established in California, verify California's jurisdictional requirements for filing for divorce.Item 2a: Residency Requirement
At least one of you must have been a resident of California for six months and of the county for at least three months.Item 5a: Legal Grounds Selection
When selecting irreconcilable differences as the ground for divorce, you do not need to provide detailed reasons.Item 7b: Spousal Support Termination
Consider seeking legal advice if you're terminating the court's ability to award spousal support.Item 9b: Separate Property Listing
List assets or debts to be claimed as separate property.
What to do after filing form FL-100
- Serve the FL-100 Petition and Summons to the Respondent.
- Complete and file a Proof of Service of Summons (Form FL-115) with the court.
- Wait for the Respondent to file a Response (Form FL-120) within 30 days.
- If the Respondent files a response, complete Preliminary Declarations of Disclosure (Form FL-140).
- 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.
FL-110: Summons
The FL-110 Summons form is used when initiating divorce proceedings in California, notifying the respondent of the legal action.
FL-105: UCCJEA
The FL-105 UCCJEA form is used in California during child custody cases to declare the child's residential history.
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.
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.
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.
FL-300: Request For Order
The FL-300 Request for Order (