Table of Contents

FL-100: 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.
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Tips for filling out form FL-100

When completing 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. These orders typically prevent either party from selling property, changing insurance policies, or taking minor children out of the state, among other restrictions.
Item 1c

Domestic Partner Jurisdiction

If your domestic partnership was NOT established in California, be aware that you still need to meet California's jurisdictional requirements for filing for divorce. Make sure to verify the state laws applicable to your domestic partnership if it was established elsewhere.
Item 2a

Residency Requirement

At least one of you must have been a resident of California for six months and of the county where you are filing for divorce for at least three months. This is a mandatory requirement for filing a divorce petition in California unless your domestic partnership was established inside the state.
Item 5a

Legal Grounds Selection

When selecting irreconcilable differences as the ground for divorce, understand that you do not need to provide detailed reasons. Simply stating that the marriage has irretrievably broken down suffices for the court to grant a divorce under this no-fault ground.
Item 7b

Spousal Support Termination

Choosing to terminate the court's ability to award spousal support can have long-term financial implications. Consider seeking legal advice to understand the possible financial outcomes before making this decision.
Item 9b

Separate Property Listing

If you have assets or debts to be claimed as separate property, you must list them explicitly here or in an attached Property Declaration form. Remember, separate property is typically what was owned before the marriage or inherited/gifted during the marriage.

What to do after filing form FL-100

1
Serve the FL-100 Petition and Summons to the Respondent. Ensure that this is done by someone who is not a party to the case and is 18 years or older.
2
Complete and file a Proof of Service of Summons (Form FL-115) with the court to verify that the Respondent was properly served.
3
Wait for the Respondent to file a Response (Form FL-120) within 30 days after service. If no response is filed, you may request a default judgment.
4
If the Respondent files a response, you and the Respondent must complete and serve each other with Preliminary Declarations of Disclosure (Form FL-140).
5
Consider attending court-directed mediation or another form of alternative dispute resolution to address any contested issues, such as child custody or property division.
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