How to Complete Form FL-100, the California Divorce Petition

Quick Answer

The Petition—Marriage/Domestic Partnership (form FL-100) starts a traditional case. It gives the court basic facts and tells the respondent what orders the petitioner may seek. It is not a settlement agreement, does not decide who receives property or support, and does not end the marriage. Most filers submit it with an FL-110 Summons and, when the parties have minor children together, an FL-105 UCCJEA declaration.

After filing, keep the court-stamped copies and arrange lawful service. The next form in the traditional sequence is the FL-110 Summons.

Before You Fill Out FL-100

Information to Gather

Use the filed marriage certificate, registered domestic-partnership records, and other reliable documents when available. Consistency is more useful than estimating from memory.

• Each party's full legal name, address, and contact information
• The marriage date, domestic-partnership registration date if applicable, and proposed date of separation
• The name, birthdate, and place of birth of every minor child of the relationship
• A five-year address history for each minor child for form FL-105
• A working inventory of real estate, accounts, retirement benefits, vehicles, other assets, and debts
• The orders you may want concerning custody, parenting time, support, fees, and restoration of a former name
• The correct superior court location and any county-required local forms

Confirm Which Filing Procedure You Are Using

FL-100 is used when one spouse starts the case as petitioner and the other is respondent. California also has a joint-petition procedure, available since January 1, 2026, in which both spouses file FL-700 and FL-710 as Petitioner 1 and Petitioner 2. That process is meant for spouses who will agree on all issues and does not use the traditional petition-service-response structure.

See the site's comparison of FL-100 and the FL-700 joint petition before choosing a route. A joint petition is also different from the limited summary-dissolution procedure.

How to Fill Out the Petition for Dissolution/Separation (FL-100)

Court Caption and Party Information

At the top of FL-100, enter the filing party's contact information and the correct Superior Court of California county, street address, mailing address, city, ZIP code, and branch name. Use the petitioner's and respondent's legal names consistently. Leave the case number blank when opening a new case. The clerk will assign a case number it when the case is accepted which you will receive when the documentis returned to you.

Court locations, e-filing practices, and local cover sheets vary. Check the superior court's current family-law instructions rather than assuming the nearest courthouse accepts divorce filings.

Item 1: Legal Relationship

Check the statement or statements that accurately describe whether the parties are married, registered domestic partners whose partnership was established in California, or domestic partners whose partnership was established elsewhere. Do not treat these boxes as interchangeable; the residence rules on the form differ for some domestic partnerships.

Item 2: California and County Residence

For a typical California divorce, at least one spouse must have lived in California for the six months immediately before filing and in the filing county for the three months immediately before filing. Either spouse may satisfy those requirements, the petitioner does not always have to.Check all the residency requirement boxes that apply to you and your spouse.

The form contains different provisions for certain California domestic partnerships and for some same-sex spouses married in California who live where their marriage will not be dissolved. Those provisions can affect what a California court has power to decide. If the ordinary divorce residence period is not met, legal separation may sometimes be an interim option, but venue and jurisdiction should be checked before filing.

Item 3: Marriage and Separation Dates

Enter the marriage or registration date, the date of separation, and the elapsed years and months. The separation date may affect the characterization of earnings, debts, reimbursement issues, and support. If the separation date is unknown or you are unsure, provide TBD or To Be Determined.If your other spouse has a date that they believe to be the date of separation but you do not agree on it,do not enter in their proposed date. This document, once signed and filed will be used against you if youchoose a date that you do not agree with.

Divorce, Legal Separation, or Nullity

The first page and item 5 ask what remedy is requested. A dissolution ends the marriage or domestic partnership. A legal separation can divide finances and establish other orders but does not end marital status. A nullity asks the court to determine that the relationship was legally invalid based on one of the specific grounds printed on the form; it is not a faster version of divorce. Select only a remedy and ground that fit the case.

Item 3: Marriage and Separation Dates

Enter the marriage or registration date, the date of separation, and the elapsed years and months. The separation date may affect the characterization of earnings, debts, reimbursement issues, and support. If the date is genuinely disputed or uncertain, do not force agreement merely to finish the form; identify the issue and consider legal advice.

Item 4: Minor Children and FL-105

If you and your spouse do not have children, check the box that says 'There are no minor children.'Otherwise, list every minor child of that the You and Respondent have together, including a child not yet born when applicable. Names and dates should match birth records and all other filings. If there are more childrenthan there is space for, create a word document or other text document with the columns 'Child's name', 'Birthdate,and 'age'. Finish filling in the remaining children and label the document 'Attachment 4b' at the top. Attach thetext document to the FL-100 after the signature page.

If there are minorchildren of the parties, remember to also complete and file Declaration Under UCCJEA (FL-105). The separate guide explains how to complete Form FL-105. The FL-105 reports jurisdictional history; it does not substitute for the custody and parenting-time requests in item 6 or any optional custody attachment.

Items 6 Through 8: Custody and Support

Item 6 allows you identify requested legal custody, physical custody, and parentingtime. The form also points to optional attachments for a more detailed schedule. You do not need toprovide an attachment for visitation as you may not yet know what is best for your child at this time.You may also choose to leave the boxes unchecked all of Item 6 if you do not know what you want torequest at this time.

Item 7 gives notice that child-support orders may be made when requested with the required financial information. If you and your spouse do not agree on child-support and you would like them to pay child-support,you will have to file a motion with the Court in order for a judge to order such. The Court will not automatically provide child support after filing this petition.

Item 8 requires separate choices about spousal or domestic-partner support: support payable to a party, termination of the court's ability to award support to a party, reservation for later decision, or another specified request. These choices can have lasting consequences, especially in a long marriage or a case with a large income difference. If you are unsure of what you want, you can leave these blank so you do not get locked intoa provided position

Items 9 and 10: Separate, Community, and Quasi-Community Property

Item 9 is for assets and debts the petitioner asks the court to confirm as separate property. Item 10 is for community and quasi-community assets and debts the petitioner asks the court to divide. The form permits use of a Property Declaration (FL-160), an attachment, or the space on the petition. Use descriptions that identify the property or category clearly enough to give notice.

Checking a box is a request, not a ruling. Classification can depend on acquisition dates, source of funds, title, agreements, and tracing. Listing an item on the petition also does not replace the financial disclosures required later. It typically is premature to have a decision regarding the assets and their characterization. You may choose to provide a 'to be determined' in these text boxes. You also are not required to fill and file an FL-160. You can later visit property issues after both you and your spouse complete preliminary disclosures. That is a far better time to discuss property as everything is hopefully known.

Item 11: Fees, Former Name, and Other Requests

Use item 11 to request attorney's fees and costs, restoration of the petitioner's former name, or other relief that belongs in the case. A respondent requesting restoration of the respondent's former name uses FL-120. Add a labeled attachment if more space is required and make sure the attachment is referenced from the correct item.

The petition defines the categories of relief requested but does not dictate the result. The spouses may later settle on different details, or the court may decide disputed issues based on evidence and governing law.

Review, Sign, and File the Petition

Before signing, compare the caption, names, dates, children, and requests across FL-100, FL-110, FL-105, and any attachments. The petitioner signs FL-100 under penalty of perjury and confirms having read the restraining orders on the back of the Summons.

1. Prepare FL-100, FL-110, FL-105 when required, and any applicable statewide or local forms.
2. Make the number of copies required by the court if you file in person or go through the e-filing process.
3. File in the correct superior court and pay the current filing fee or submit a fee-waiver request if eligible.
4. Confirm that the clerk accepted the Petition and issued the Summons; save the file-stamped copies and case number.
5. Do not serve an unfiled working draft. Arrange service of the accepted opening papers using a qualified adult server.

What Happens Next?

Filing opens the case, but the traditional process still requires notice to the respondent. Someone at least 18 who is not a party ordinarily serves the file-stamped Petition, issued Summons, applicable child forms, a blank Response, and required local notices. The server then completes FL-115. See the detailed service and FL-115 guide.

The respondent generally has 30 calendar days after service to file FL-120. Both parties then complete required financial disclosures. A cooperative case still needs a complete written agreement, judgment forms, court review, and entry of judgment. The petition itself is not the agreement or judgment.

Common Mistakes

• Using different spellings, party order, or relationship dates across the opening forms
• Filing in a courthouse that does not handle the case or overlooking required local forms
• Leaving out a minor child or failing to attach FL-105 when required
• Treating divorce, legal separation, and nullity as interchangeable remedies
• Failing to give adequate notice of property, support, custody, fee, or other requested relief
• Signing before reviewing the FL-110 automatic restraining orders
• Assuming the Petition is the parties' final agreement or that filing makes them divorced

Omissions can matter most when the respondent does not participate. In a default proceeding, the judgment is generally limited by the notice and relief requested in the operative papers. Whether a particular correction requires an amended petition and new service depends on the change and the case posture, so avoid one-size-fits-all conclusions.

When Attorney Help May Be Worthwhile

Many people complete FL-100 themselves. Targeted advice is especially useful when the case involves a home, retirement benefits, a business, separate-property tracing, support, disputed marriage or separation dates, children who recently lived elsewhere, nullity, or a prior rejected filing.

Even when spouses cooperate, one attorney represents only one party—not both spouses. The other spouse may obtain independent advice before signing any settlement or waiver.

Frequently Asked Questions