A Petition Is Required to Start a Divorce Case
A California divorce case does not begin just because spouses separate, reach an agreement, or decide they want to end the marriage. A court case must be opened by filing the proper petition with the court.
The petition gives the court basic information about the parties and the marriage. It also identifies the type of case being requested, such as divorce, legal separation, nullity, or dissolution of a domestic partnership.
The petition is not the final divorce judgment. It starts the case. The divorce is not complete until the court enters a final judgment.
Petition - Marriage/Domestic Partnership
The traditional divorce petition is the Petition - Marriage/Domestic Partnership, also known as form FL-100.
This petition is used when one spouse or domestic partner starts the case. The person who files the petition is called the petitioner. The other spouse or domestic partner is called the respondent.
The Petition includes basic information such as the parties' names, date of marriage, date of separation, residency information, and whether the case involves divorce, legal separation, or nullity. It also allows the petitioner to identify issues such as child custody, child support, spousal support, property division, debt division, attorney's fees, and restoration of a former name.
After the Petition is filed, the other spouse generally must be served with the filed paperwork. The respondent may then file a Response if they want to participate in the case.
Joint Petition - Marriage or Domestic Partnership
The Joint Petition - Marriage or Domestic Partnership, also known as form FL-700, allows both spouses or domestic partners to start a divorce or legal separation case together.
In a joint petition case, both people are petitioners. They are identified as Petitioner 1 and Petitioner 2. There is no legal advantage to being listed as Petitioner 1 or Petitioner 2.
The Joint Petition is generally intended for spouses or domestic partners who agree, or plan to agree, on all issues in the case. It is not designed for cases where the parties disagree on legal issues and need the court to decide disputed matters at the beginning of the case.
Like the traditional Petition, the Joint Petition identifies the relationship, the type of case being requested, residency information, children if any, and the issues that need to be included in the final judgment.
Petition vs. Joint Petition
The traditional Petition and the Joint Petition both start a family law case, but they are used in different circumstances.
A traditional Petition is filed by one spouse or domestic partner. It creates a petitioner and respondent structure. It is used when one person is starting the case, whether or not the other person eventually agrees.
A Joint Petition is filed by both spouses or domestic partners together. It creates a Petitioner 1 and Petitioner 2 structure. It is used when both people want to start the case jointly and are proceeding cooperatively.
Both petitions can involve divorce or legal separation. Both petitions may involve property, debts, support, custody, and other family law issues. Neither petition, by itself, completes the divorce.
The Petition Identifies the Issues in the Case
The petition is important because it identifies the issues that may be included in the final judgment. It does not decide those issues. It gives notice of the issues being raised in the case.
- divorce or legal separation
- date of marriage
- date of separation
- children of the marriage or domestic partnership
- child custody
- child support
- spousal or partner support
- property division
- debt division
- attorney's fees
- restoration of a former name
The Petition Is Different From the Judgment
A petition starts the divorce case. A judgment ends the divorce case.
Filing a Petition or Joint Petition does not make the parties divorced. The parties remain married until the court enters a final judgment terminating marital status.
Even when spouses file jointly or agree on all issues, the court must still enter a judgment before the divorce is complete.
Joint Petition Is Different From Summary Dissolution
A Joint Petition is not the same as a Joint Petition for Summary Dissolution.
A Joint Petition - Marriage or Domestic Partnership is form FL-700. It is used to jointly start a divorce or legal separation case.
A Joint Petition for Summary Dissolution is form FL-800. Summary dissolution is a separate simplified process with strict eligibility requirements, including limits involving length of marriage, children, property, debt, and support.
Spouses who do not qualify for summary dissolution may still be able to use a Joint Petition if they agree, or plan to agree, on all issues.
Why Petition Accuracy Matters
The petition is the first required filing in a California divorce case. Whether the case begins with a traditional Petition or a Joint Petition, the paperwork should accurately reflect the parties, the marriage, the date of separation, and the issues that may need to be resolved.
Mistakes or omissions in the petition can create confusion later because the judgment package generally needs to stay within the issues properly raised in the case.