Mastering the FL-100: A Comprehensive Guide to Filing for Divorce in California
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Mastering the FL-100: A Comprehensive Guide to Filing for Divorce in California
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The FL-100 is the official Petition for Dissolution of Marriage to begin a divorce in California. It is important to file it properly as mistakes can put you in delays or incur legal fees to fix.
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Understanding the FL-100 Form
The FL-100 form (officially known as “Petition for Dissolution of Marriage or Domestic Partnership”) is the legal document that starts the divorce process in California.
It is the initiating documents for dissolution of marriage, legal separation, and annulment. The spouse (the petitioner) completes the FL-100 and submits the document, while the spouse (the respondent) must be formally served with a copy.
How to File FL-100
To file FL-100 you need to fulfill residency requirement, which is as under:
- At least 6 months in California
- 3 months in the filing county
Also ensure to file at your local Superior Court (e.g., Los Angeles Family Court).
Filling out the FL-100 form on your own can save you thousands of dollars in fees compared to hiring an attorney. Below is a detailed walkthrough of each section to make sure it is done correctly.
- Petitioner (You):
- Full Legal Name: Jane Marie Doe
- Address: *123 Main Street, Apt 4B, Los Angeles, CA 90001*
- Phone: *(555) 123-4567*
- Respondent (Spouse):
- Full Legal Name: John Robert Doe
- Address: *456 Oak Avenue, San Diego, CA 92101*
- Superior Court: Los Angeles County Family Court
- Case Number: (Leave blank—assigned upon filing)
- Marriage (or domestic partnership)
- Date of Marriage: July 15, 2010
- Place of Marriage: San Francisco, CA
- At least one of the parties must meet California’s 6-month state residency and 3-month county residency requirements.
- Date of Separation: March 1, 2023 (when you stopped living as spouses).
- Emily Grace Doe, Born: *05/12/2015*
- Michael James Doe, Born: *11/20/2018*
- Custody Preference: Joint physical/legal custody.
- ☑ Irreconcilable Differences (California’s no-fault option).
- Attach FL-180 (Child Support Guidelines) if requesting support.
- Specify parenting time preferences (e.g., *50/50 custody*).
- ☐ Request support
- ☐ Waive support
- ☐ Reserve the right to request spousal support
- ☐ Other – such as “I reserve the right to request, waive, or reserve spousal support and have not determined the appropriate solution.”
- You can either list out your separate property here or in the FL-160. Alternatively, you can write in that you will provide to the court at a later date.
- You can either list out your separate property here or in the FL-160. Alternatively, you can write in that you will provide to the court at a later date.
- ☐ Request attorney fees or reserve the right to credits and reimbursements. ]
- ☐ Restore maiden name (Jane Marie Smith)
- Prevents either party from selling property or changing insurance.
- Petitioner’s Signature: Jane Marie Doe
- Date: [Current Date]
- Common Mistake: Forgetting to date the form.
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Common Scenarios When Filing the FL-100 Form
Everyone’s experience is different when filling out the FL-100. The same can apply to you. Here is how to deal with the various situations you might encounter when completing the FL-100 form:
- If you and your spouse agree on a custody arrangement, you can include the FL-130, but it is not necessary at this point in the process.
- If you and your spouse have a dispute, and you do not believe you will be able to resolve it through mediation or similar options, you will need to file a Request for Order, FL-300 and you can include theFL-311 (Child Custody Request). Generally, the Courts will always favor joint custody unless you demonstrate it is unfit.
- Short marriages (<10 years): Usually limited support
- Long marriages: May warrant long-term/alimony
Note: Support terms can be negotiated separately.
- Servicemembers get additional time to respond (SCRA protections)
- Note deployment dates, if applicable.
- Divide military pensions using DD Form 2293
- For high-asset divorces:
- Attach FL-140 (Asset Declaration)
- Consider a forensic accountant for hidden assets
- Business owners may need a business valuation.
- If you are worried about safety:
- Request temporary restraining orders using DV-100. You can file this with your FL-100.
- Uncontested means you both agree on all terms, and will not require a trial.
- Contested would mean that you and your spouse were unable to comlete your matter without a trial.
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What Should I Do Next Right After Filing FL-100
After you file the FL-100 Petition, the next steps are to ensure the divorce moves forward. Here’s what to do:
1. Serving the Respondent
Once you file the divorce paper, California law requires you to serve copies of your FL-100 and your Summons to your spouse.
Note that you can’t do this yourself or have anyone involved in the case do it. You can ask a friend or neighbor. You might also hire a process server but this is a paid service.
Some county sheriff’s offices have low-cost options too, for service. If your spouse is agreeable to working with you, you can have a friend or neighbour mail them the copies by certified mail and request a return receipt. Again, don’t forget to file your Proof of Service (FL-115) within 60 days after filing your case.
2. Filing the Response
Your spouse has thirty days after you served them to respond (Form FL-120). If they respond, you will enter a contested case, then you will move on to exchange financial disclosures and perhaps go through mediation for dispute resolution.
If they do not respond and the 30 days closes, you can file for a default (Form FL-165), and the court can grant your divorce in line with the terms of your petition. In any case, you will want to document everything properly and file it on time to avoid unnecessary procedural delays.
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Dealing with post-filing requirements can be stressful, but you are not alone. Our service not only provides court-approved, attorney-reviewed forms specific to your situation, along with many of the required follow-up documents, such as financial disclosure forms and a proof of service form.
We provide instructions for serving the papers, filing responses, and getting ready for court hearings. You will save thousands of dollars compared to hiring a lawyer while being guaranteed that all requirements are met.
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Filing the FL-100 form correctly is what begins the divorce process, and with the guidance we provide, you will be able to navigate the divorce process without having to spend thousands of dollars on attorneys.
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FAQs
What information is included in the FL-100 form?
The FL-100 requires marriage/partner information, residency verification, child custody preferences, asset division requests, and terms for spousal support. The FL-100 is the petition to start your divorce case in California courts.
How long does it take to process an FL-100 filing?
Processing times vary by county but typically take a few weeks (often about 1-3 weeks). Your case officially starts once the court stamps and returns your filed papers.
Can I modify the FL-100 after filing?
Yes, modifications are permitted prior to final judgment by filing Form FL-130. However, such changes to FL-100 are likely to require restarting the service of the papers.
Reviewed By:
Dina Haddad
Founder & Attorney Mediator
I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created TheCompleteDivorce. I took my successful mediation practice and condensed it into an affordable and winning program.