How to Fill Out the FL-100 Petition for Divorce in California

What is the FL-100? The FL-100 (Petition — Marriage/Domestic Partnership) is the official California Judicial Council form that starts a divorce case. Every dissolution filed in the state begins with this form. It identifies both spouses, states the grounds for divorce, and tells the court what orders you are asking for, including custody, support, and property division.

Every divorce in California starts with a single form. The FL-100 is the document that opens your case, tells the court what you are asking for, and sets the framework for your entire dissolution. If you have never filled out a court form before, three pages of checkboxes and legal terms can feel overwhelming.

But most of it is straightforward once you understand what each section is doing and why it matters. This guide walks you through the FL-100 page by page, explains the decisions you need to make along the way, and flags the mistakes that cause problems down the line. Whether you are filing on your own or just trying to understand the process before you start, this is the step-by-step breakdown you need.

Why the FL-100 Matters More Than You Think

The FL-100 is not just an intake form. It is the document that defines the scope of your case.

Every request you make on the FL-100 tells the court what issues are in play: custody, child support, spousal support, property division, name restoration. What you include on this form shapes what the court can address going forward.

This matters most in default cases, where your spouse does not file a response. In that situation, the court is generally limited to granting relief within the scope of what you requested on the FL-100. If you did not check the box for spousal support, the court may lack jurisdiction to address it. If you left the property section incomplete, you could face complications later.

To be clear, omitting something from the petition does not necessarily mean it is gone forever. In many situations, the petition can be amended. But amending adds time, cost, and complexity. It is far better to get the FL-100 right the first time.

Think of this form less like paperwork and more like a blueprint. What you put on it shapes everything that follows.

Before You Start: What You Need to Gather

Before you sit down with the form, pull together the following information. Having it in front of you will save time and reduce errors.

Personal details for both spouses. Full legal names (as they appear on your marriage certificate), current addresses, and dates of birth. The petitioner is the person filing. The respondent is the other spouse.

Marriage information. The date you were married, the city and state (or country) where the ceremony took place, and the date of separation. The date of separation is legally significant. It affects how long the marriage lasted, which can influence spousal support eligibility and how property is characterized. If you are unsure about your date of separation, it is worth reading more about how California defines it before you commit to a date on the form.

Children. If you and your spouse have minor children together, you will need each child's full name, date of birth, and current address. You will also need to complete a separate form, the FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act), which provides the court with custody jurisdiction information.

Assets and debts. You do not need a full inventory at this stage, but you should have a general sense of what community property and debts exist. The FL-100 asks whether you want the court to divide community assets and confirm separate property. The more complex your financial situation, the more attention this section deserves.

County of residence. Where you file matters. You must meet California's residency requirements, and the county where you file will be the county where your case is heard.

Page 1: Caption Block, Residency, and Marriage Information

The top of the first page is the caption block. This is where you identify yourself, your spouse, and the court.

Court Name, Parties, and Case Number

Court name and address. Enter the full name and street address of the Superior Court in the county where you are filing. If you are not sure which courthouse handles family law cases in your county, check the court's website. Many counties have multiple courthouses, and family law may only be heard at one of them.

Petitioner and Respondent. Your full legal name goes in the petitioner field. Your spouse's full legal name goes in the respondent field. Use the names as they appear on your marriage certificate or other legal documents. Consistency across all your forms is important. Mismatched names between the FL-100, FL-110 (Summons), and FL-105 can cause processing delays.

Case number. Leave this blank. The clerk assigns a case number when you file.

Item 1: Residency Requirements

California requires that at least one spouse has lived in the state for six months and in the filing county for three months before the petition is filed. Check the box that applies: either you (the petitioner) or your spouse (the respondent) meets the requirement.

If neither of you meets the residency requirement yet, you cannot file for dissolution. However, you may be able to file for legal separation and later amend it to a dissolution once the residency requirement is met.

There is an exception for domestic partnerships registered with the California Secretary of State. If your partnership was registered in California, you can file in California regardless of where you currently live.

Item 2: Marriage and Separation Dates

Enter the date of your marriage and the date of separation. These two dates define the length of your marriage, which matters for spousal support and property division.

For the date of separation, California law looks at the date one spouse communicated their intent to end the marriage, accompanied by conduct consistent with that intent. This is not always the date someone moved out. It could be earlier or later depending on the facts.

If you are not yet certain about the exact date of separation, choose the date you believe is most accurate. You can address any dispute over the date later in the case.

Items 3 and 4: Children of the Marriage

If you and your spouse have minor children together (under 18), list each child's name, date of birth, and age. If the wife is currently pregnant, check the box that indicates this.

If you do have children, you must also file the FL-105 (UCCJEA Declaration). This form provides the court with information about where the children have lived for the past five years and whether any other custody proceedings exist. The clerk will not accept your FL-100 filing without it.

If you do not have children, check the appropriate box and move on.

Item 5: Legal Grounds

California is a no-fault divorce state. You do not have to prove your spouse did something wrong to get a divorce. No allegations of adultery, cruelty, or abandonment are required.

For virtually every dissolution, you will check the box for "irreconcilable differences." This simply means the marriage has broken down and cannot be saved. It is the standard ground for divorce in California, and the court will not ask you to explain further.

There is a second option, "permanent legal incapacity to make decisions," but this is extremely rare and requires specific medical evidence. In nearly all cases, irreconcilable differences is the correct choice.

Page 2: What You Are Asking the Court to Do

This is the most important page of the FL-100 from a strategic standpoint. The checkboxes here define what the court has authority to address in your case.

Item 6: Type of Case

You have three options: dissolution of marriage, legal separation, or nullity. Most people reading this guide will check dissolution of marriage. If you are ending a domestic partnership rather than a marriage, there are corresponding boxes for that.

Legal separation does not end the marriage but allows the court to make orders about property, support, and custody. Nullity means you are asking the court to declare the marriage was never valid. Both are less common and involve different legal standards.

Item 7: Your Requests

This is where you tell the court what you want. The available checkboxes include:

Legal custody and physical custody of children. If you have minor children, check the boxes for the types of custody you are requesting. Legal custody refers to decision-making authority (education, healthcare, religion). Physical custody refers to where the children live.

Child support. Check this box if you want the court to order child support. In California, child support is calculated using a statewide guideline formula based on both parents' incomes and the timeshare each parent has with the children.

Spousal support. If you want the court to have jurisdiction to address spousal support, whether to award it or to terminate the other party's right to request it, check the appropriate boxes here. This is one of the most commonly overlooked items on the FL-100. Failing to check this box does not automatically mean you can never seek spousal support, but in a default case it can significantly limit the court's ability to make support orders. It is far safer to check the box now, even if you are unsure whether you will ultimately request support.

Property division. Check this box to ask the court to divide community property and confirm each spouse's separate property. You do not need to list every asset here, but you do need to check the box so the court has jurisdiction to make property orders.

Attorney fees. If you want the court to consider ordering your spouse to contribute to your attorney fees (or if you want to protect yourself from such a request), check this box.

Restoration of former name. If you changed your name when you married and want to restore your former name, check this box and write in the name you want restored.

What Most People Do Not Realize About Page 2

In a default case, the court is generally limited to granting relief within the scope of your petition. This means every unchecked box is a potential gap in the court's authority over your case.

Even outside of default situations, being thorough on Page 2 sets the right tone. It tells your spouse and the court exactly what is at issue, and it avoids the need to amend your petition later.

Common mistakes on Page 2: Not requesting spousal support, even to preserve the option. Being too vague about custody. Assuming property division happens automatically without checking the box.

Page 3: Property, Debts, and Your Signature

Items 8 Through 10: Property and Debt Declarations

The FL-100 asks you to indicate whether there is community or quasi-community property to be divided and whether there are community debts. You do not need to list every asset or debt on this form. The detailed financial disclosures come later in the process, on forms like the FL-142 (Schedule of Assets and Debts) and FL-150 (Income and Expense Declaration).

For straightforward situations with modest assets, the checkboxes on the form itself may be sufficient. However, if your case involves significant assets, business interests, real property, or retirement accounts, take extra care here. In those situations, consider noting "continued on attachment" and providing a brief summary of the major assets and debts. This is especially important in default cases, where the court relies more heavily on the petition itself to determine what orders to make.

The key principle: the more complex your financial picture, the more thorough this section should be.

The Declaration Under Penalty of Perjury

Just above the signature line, you will see a declaration stating that everything in the petition is true and correct to the best of your knowledge. This is a legal declaration under penalty of perjury, meaning you are certifying that the information you provided is accurate.

This does not mean you need to have every detail perfect. If you are unsure about the exact date of separation, for example, you can use your best estimate. But you should not knowingly include false information.

Signing and Dating

Sign and date the form. The date you sign is the date you are ready to file. You do not need to file on the same day you sign, but if there is a significant gap between signing and filing, update the date.

If you are filing the petition yourself (without an attorney), you will sign as a self-represented litigant. Write "In Pro Per" or "Self-Represented" where the form asks for the attorney's name.

What Comes Next: Filing, Service, and the Waiting Period

CourtLoom fills out your FL-100 automatically based on your answers to plain-English questions, with no legal jargon and no form numbers to memorize. If you prefer to handle it on your own, here is what to expect after you complete the form.

Forms You Need to File Together

The FL-100 does not go alone. At minimum, you will also need:

The FL-110 (Summons), which notifies your spouse that a divorce case has been filed and imposes automatic restraining orders on both parties.

If you have children, the FL-105 (UCCJEA Declaration), which provides custody jurisdiction information.

Some courts may also require a cover sheet or local forms. Check your county's family law filing requirements before you go.

Filing Fees

The filing fee for a divorce petition in California is $435. If you cannot afford the fee, you can apply for a fee waiver using form FW-001. The court will review your financial situation and either grant or deny the waiver.

What to Bring to the Courthouse

Bring the original petition plus at least two copies. The clerk will file the original, stamp and return one copy to you, and you will need another copy for service on your spouse.

The clerk reviews your forms for completeness and assigns a case number. They will not review your forms for legal accuracy, so it is your responsibility to make sure everything is correct before you arrive.

Serving Your Spouse

After filing, you must serve your spouse with copies of everything you filed. This is a legal requirement, and you cannot do it yourself. Service must be completed by someone who is at least 18 years old and is not a party to the case.

Common options include having a friend or family member hand-deliver the documents, using a professional process server, or requesting service by the sheriff's office.

Once your spouse is served, the server completes a proof of service form (FL-115), which you then file with the court.

The Waiting Period

How long does it take to get divorced in California? The earliest a divorce can be finalized is six months after your spouse is served (or acknowledges receipt). This waiting period is mandatory under California law and cannot be shortened. In practice, most cases take longer, especially if there are disputes over custody, support, or property.

After being served, your spouse has 30 days to file a response (FL-120). If they respond, the case proceeds as a contested or negotiated matter. If they do not respond, you may be able to proceed by default.

Regardless of whether your spouse responds, both parties are required to complete and exchange preliminary declarations of disclosure, which include detailed financial information. This is mandatory and cannot be waived in most cases.

Common Mistakes That Delay Your Case

Even small errors on the FL-100 can cause problems at filing or create complications later. These are the most common ones.

Inconsistent names across forms. If your name is spelled one way on the FL-100 and differently on the FL-110 or FL-105, the clerk may flag the inconsistency. Use the same full legal name on every form.

Missing the FL-105. If you have minor children and file the FL-100 without the FL-105 UCCJEA declaration, the clerk will not accept your filing. This is one of the most common reasons people get turned away at the window.

Incomplete requests on Page 2. In a default case, vague or missing requests can limit the court's ability to make orders. Check every box that applies to your situation, even if you are not sure you will ultimately need that type of relief.

Leaving the spousal support box unchecked. Even if you do not plan to request spousal support right now, checking the box preserves the court's jurisdiction to address it. Leaving it blank in a default case can create real problems.

Forgetting to sign. Unsigned forms cannot be filed. Double-check before you leave for the courthouse.

Filing in the wrong county. If neither you nor your spouse meets the three-month county residency requirement, the filing will not be accepted. Confirm residency before you file.

Practical Takeaways

Start with your date of separation. This date affects everything from property rights to spousal support eligibility. Make sure you are comfortable with the date you choose before you write it on the form.

Check every box that applies on Page 2. It is better to request relief you may not ultimately need than to leave something out and limit the court's jurisdiction.

Do not skip the FL-105 if you have children. The clerk will not accept your filing without it.

Bring at least two extra copies to the courthouse. One for you, one for service.

Pay attention to the property section if your case is complex. A simple case may only need the checkboxes. A case with significant assets, debts, or business interests warrants a more detailed attachment.

If the process feels overwhelming, you do not have to do it manually. CourtLoom prepares your FL-100, FL-110, FL-105, and every other form you need, formatted for your county, based on straightforward questions in plain English. You answer the questions, and CourtLoom generates the forms.

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Frequently Asked Questions

What is the FL-100 form in California?

The FL-100 is the Petition — Marriage/Domestic Partnership, the Judicial Council form that officially starts a divorce case in California. It identifies both spouses, states the grounds for dissolution, and tells the court what relief you are requesting.

How much does it cost to file the FL-100?

The filing fee is $435 in California. If you cannot afford the fee, you can apply for a fee waiver using form FW-001 at the time of filing.

Can I file for divorce in California if I just moved here?

You must have lived in California for at least six months and in the county where you are filing for at least three months. If you do not yet meet these requirements, you may be able to file for legal separation and convert it to a dissolution later.

What happens if I forget to check a box on the FL-100?

In most cases, you can amend your petition later. However, in a default case where your spouse does not respond, the court may be limited to the relief you originally requested. It is best to be thorough when you file.

How long after filing the FL-100 can my divorce be finalized?

The earliest a California divorce can be finalized is six months after your spouse is served with the petition. The waiting period is mandatory and cannot be shortened. Most cases take longer depending on the complexity of the issues involved.

Moving Forward

Filing for divorce is a significant step, and it is normal to feel uncertain about the paperwork. The FL-100 is the most important form in the process, but it is not as complicated as it looks once you break it down.

Take it one section at a time. Gather your information before you start. Double-check your work before you file. And if you get stuck, know that there are tools designed to help you through the process without guessing.

You do not need to be a lawyer to fill out the FL-100 correctly. You just need the right information, which you now have.

This article is for informational purposes only and does not constitute legal advice. Every situation is different, and you should consult with a qualified attorney if you have questions about your specific circumstances. CourtLoom is a document preparation service, not a law firm, and does not provide legal representation.