California Form FL-100 is the Petition—Marriage/Domestic Partnership that officially starts a divorce, legal separation, or annulment case in California. You fill it out by entering your identifying information, your spouse or partner’s information, residency facts, statistical facts about the relationship, the legal grounds, and the orders you want from the court, then you sign it and file it with the clerk along with the filing fee and companion forms.
Filing the wrong box, missing a date, or skipping a required attachment can delay your case for weeks or trigger a rejection from the clerk. According to the California Courts Self-Help Center divorce data, more than 100,000 dissolution petitions are filed in California each year, and roughly 70% of those filers represent themselves without an attorney.
In this guide, you will learn:
- 📋 How to complete every line, box, and checkbox on the current Judicial Council Form FL-100 revised January 1, 2025
- ⚖️ How federal law and California Family Code sections like § 2320 shape your residency, grounds, and property choices
- 👨👩👧 Three named real-world scenarios covering divorce, legal separation, and nullity for both marriages and domestic partnerships
- 🚫 The seven biggest mistakes that get FL-100 petitions rejected at the clerk’s window
- 💵 The 2026 filing fees, fee waiver options under Form FW-001, and the companion forms that must travel with FL-100
What Form FL-100 Actually Is
Form FL-100 is the official Judicial Council petition that opens a family law case under the California Family Code. The form is mandatory statewide, which means no county can require a different petition for a divorce, legal separation, or nullity. The Judicial Council adopts the form under its rule-making authority in Government Code § 68511, and judges must accept it in every county.
The form does three jobs at once. It tells the court who the parties are, it tells the court what kind of case you want to bring, and it tells the court what orders you want at the end. Without FL-100 on file, no California family court has the power to grant a divorce, divide property, or order support.
A common misconception is that FL-100 alone starts your case. The petition only opens the file once it is paired with the Summons (Form FL-110), the filing fee, and proper service on the other side. Skipping any of those steps means the court cannot move forward, and the consequence is a stalled case with no automatic restraining orders in place.
Who Can File FL-100
Any spouse or registered domestic partner who meets California’s residency rule can file FL-100. The rule comes from Family Code § 2320, which requires you or your spouse to live in California for six months and in the filing county for three months before you file for divorce. Legal separation has no residency requirement, so people who just moved to California often start with separation and amend later.
The consequence of filing without meeting residency is dismissal of the divorce case. The court will not enter a judgment because it lacks subject matter jurisdiction over the marriage status. A common misconception is that you need your spouse’s permission, but California is a no-fault state under Family Code § 2310, and one spouse can file without the other’s consent.
Same-sex spouses and registered domestic partners file the same FL-100. Domestic partners registered in California can dissolve the partnership in California even if they no longer live here, under Family Code § 299. Military members stationed in California for at least six months count as residents under the Servicemembers Civil Relief Act and Family Code § 2320(b).
Three Things FL-100 Triggers
Filing FL-100 sets off three legal events at once. First, it starts the six-month waiting period for divorce under Family Code § 2339, meaning no California divorce can be final sooner than six months after the respondent is served. Second, it activates Automatic Temporary Restraining Orders (ATROs) listed on the back of the FL-110 summons. Third, it creates the case number that follows you through every later filing.
The consequence of ignoring ATROs is contempt of court, monetary sanctions, and a possible reversal of any property transfer made in violation. The ATROs freeze accounts, stop insurance changes, and block moves of children out of state. A common misconception is that ATROs only bind the respondent, but they bind the petitioner the moment FL-100 is signed.
Before You Touch the Form
Gather your documents before you write a single word on FL-100. You need full legal names, the exact date of marriage, the exact date of separation, your address, your spouse’s address, and a list of children under 18 with their birth dates. You also need a sense of your assets, debts, and any prior court orders.
Pulling this together early prevents two common problems. First, wrong dates trigger property fights later because the date of separation controls when community property ends under Family Code § 70. Second, missing addresses delay service, and service starts the respondent’s 30-day clock under California Rules of Court rule 5.62.
A common misconception is that you can guess at the marriage date. The clerk will accept the petition with an estimate, but the judgment will use the date you wrote, and an inaccurate date can shift thousands of dollars in community property. Pull the certified marriage certificate from the California Department of Public Health Vital Records office if you do not have a copy.
Filing Fee and Fee Waiver in 2026
The 2026 filing fee for FL-100 ranges from \$435 to \$450 depending on the county, with most counties charging \$435 under the Statewide Civil Fee Schedule. The respondent pays the same amount when they file an FL-120 response. Counties like San Francisco add small surcharges for courthouse construction.
If you cannot afford the fee, file Form FW-001 with FL-100. The court grants a waiver if you receive public benefits, your income is below 125% of the federal poverty line, or you cannot pay for basic household needs. The consequence of skipping the waiver application is a rejected filing if you do not include the fee.
A common misconception is that the fee waiver is permanent. The court can revisit your eligibility under Government Code § 68636 and ask you to repay the fees if you receive a settlement or judgment of \$10,000 or more.
Walking Through FL-100 Line by Line
The current FL-100 has three pages and a caption box. Every entry matters because the judgment that ends the case mirrors what you wrote on the petition. Skipping a checkbox or leaving a field blank can force you to file an Amended Petition later.
The Caption Box at the Top
The caption holds your name, address, phone, email, and your role as petitioner in pro per or as the attorney of record. Write the address where you can safely receive mail because the court mails every notice to that address. If you fear your spouse, you can use a Safe at Home confidential address issued by the California Secretary of State.
The caption also names the Superior Court of California, County of _____. Pick the county where you have lived for the last three months. The consequence of filing in the wrong county is a motion to transfer venue under Code of Civil Procedure § 397, which can add 60 days to your timeline.
A common misconception is that you must use the courthouse closest to your home. Many counties have multiple branches, and family law often funnels into one designated courthouse, so check the court locator before you drive over.
Item 1: Residence Requirements
Item 1 has two checkboxes. Box 1a confirms the petitioner has lived in California for six months and the county for three months. Box 1b is for the respondent if you cannot check 1a but your spouse meets residency.
Domestic partnership cases skip box 1 entirely if the partnership was registered in California, because Family Code § 299 lets you dissolve in California regardless of where you now live. Out-of-state same-sex marriages still require California residency for dissolution. The consequence of misreading this box is a dismissed petition for lack of jurisdiction.
Example: Maria lived in Sacramento for eight months after moving from Nevada. She checks box 1a and lists Sacramento County, because she meets both the six-month state and three-month county thresholds.
Item 2: Statistical Facts
Item 2 asks for the date of marriage, date of separation, and years and months from marriage to separation. The date of separation is the day one spouse expressed an intent to end the marriage and acted on it, as defined in Family Code § 70.
The legislature wrote § 70 in 2016 after In re Marriage of Davis, which held that living under the same roof prevented separation. The new statute lets spouses separate while still living in the same house if they show a clear break. The consequence of picking the wrong date is a longer or shorter community property window, which can shift retirement contributions, bonuses, and stock vesting.
A common misconception is that the date of separation is the date you filed FL-100. The two are usually different, and judges expect a specific factual date supported by emails, texts, or move-out events.
Item 3: Minor Children
Item 3 asks whether there are minor children of the marriage or partnership. List each child’s full name, birth date, age, and sex. Children adopted by both parties count as children of the marriage. Stepchildren do not, even if you raised them.
If you list children, you must also file the UCCJEA Declaration (Form FL-105) under the Uniform Child Custody Jurisdiction and Enforcement Act. FL-105 tells the court where the children have lived for the last five years, which controls custody jurisdiction. The consequence of skipping FL-105 is a clerk’s rejection at filing.
If a spouse is pregnant, check the box that says a child is expected and list the due date. The court keeps jurisdiction over that child once born, and you do not have to file a separate paternity case.
Item 4: Separate Property
Item 4 asks you to list any property you claim as separate. Separate property is anything you owned before marriage, anything you received as a gift or inheritance during marriage, and anything traceable to those sources, under Family Code § 770.
You can either list assets here or attach Form FL-160 (Property Declaration). Listing them on FL-100 puts the other side on early notice of your claim. The consequence of leaving separate property off the petition is not waiver, but it does signal the other side may not realize you intend to claim it, and surprises later cost more in attorney fees.
A common misconception is that anything in your name alone is separate. California presumes property acquired during marriage is community under Family Code § 760, regardless of whose name is on the title.
Item 5: Community and Quasi-Community Property
Item 5 asks you to list community and quasi-community property and debts. Community property is anything earned or acquired during marriage while domiciled in California. Quasi-community property is property acquired in another state that would have been community if acquired in California, defined in Family Code § 125.
Most filers check the box that says “all such assets and debts are listed in Property Declaration (Form FL-160)” or “to be determined by the court.” The consequence of listing assets prematurely is locking yourself into valuations before you finish discovery. A common misconception is that this section divides the property; it only describes it for the court.
Example: James and Priya bought a house in Phoenix in 2018 and moved to California in 2022. The Phoenix house is quasi-community because it was acquired during marriage and would have been community if bought in California.
Item 6: Legal Grounds
Item 6 asks for the legal grounds. For dissolution and legal separation, you check irreconcilable differences under Family Code § 2310(a) or permanent legal incapacity to make decisions under § 2310(b). For nullity, you pick a void or voidable ground under Family Code §§ 2200–2210.
Void grounds include incest and bigamy. Voidable grounds include underage at marriage, prior existing marriage that was thought ended, unsound mind, fraud, force, and physical incapacity. The consequence of picking the wrong ground is dismissal at trial because you cannot prove the elements.
A common misconception is that adultery or cruelty are grounds in California. They are not, because California abolished fault-based divorce in 1969 with the Family Law Act.
Item 7: Child Custody and Visitation
Item 7 lets you request legal custody, physical custody, and visitation. Legal custody is decision-making about health, education, and welfare. Physical custody is where the child lives. You can ask for joint or sole on each.
California favors frequent and continuing contact with both parents under Family Code § 3020, unless contact would be detrimental. The consequence of asking for sole custody without supporting facts is an early credibility hit with the judge. A common misconception is that mothers automatically get custody; California law explicitly forbids gender preferences under Family Code § 3040.
Item 8: Child Support
Item 8 asks the court to order child support under the statewide guideline in Family Code § 4055. Check the box even if you do not yet know the amount, because checking the box preserves the court’s power to order support back to the date of filing.
The consequence of leaving the box unchecked is losing retroactive support, which can cost thousands of dollars over a year-long case. A common misconception is that you cannot ask for support if you earn more than your spouse; the guideline can still produce a support order in either direction depending on time-share.
Item 9: Spousal or Partner Support
Item 9 asks for spousal or partner support, attorney fees, and costs. You can check the box for petitioner, respondent, or terminate jurisdiction. Always check the box for yourself if there is any chance you might need support, because failing to ask waives the right under In re Marriage of Lusby.
The consequence of forgetting this box is a complete bar on support, even if you become disabled mid-case. A common misconception is that short marriages (under 10 years) bar support. Short marriages limit the duration of support to roughly half the length of the marriage, but they do not eliminate it, under Family Code § 4320.
Item 10: Property Orders
Item 10 lets you ask the court to confirm separate property to each party and divide community property. You can also ask the court to determine reimbursement rights under Family Code § 2640 for separate property contributions to community assets.
Check every box that may apply, even if you are not sure yet. The consequence of leaving boxes unchecked is a possible waiver argument from the other side. A common misconception is that you must list specific items here; the boxes preserve your legal rights, and the actual division happens at trial or by settlement.
Item 11: Other Requests and Signature
Item 11 is a free-text box for any other request, like restoring a former name under Family Code § 2080 or restraining orders. Restoring your maiden name is free if you ask in the petition; doing it later can cost a separate filing fee.
Sign and date FL-100 under penalty of perjury. The signature subjects you to Penal Code § 118 perjury liability if you knowingly lie. The consequence of an unsigned petition is a clerk’s rejection.
Companion Forms That Travel with FL-100
FL-100 never files alone. The clerk needs a packet of forms to open a complete file. Each form does a specific job, and missing one stops the case at intake.
FL-110 Summons
Form FL-110 is the summons that orders the respondent to file a response within 30 days. It also contains the four standard ATROs on the back. The clerk issues the summons by stamping it with the case number and seal.
The consequence of filing without FL-110 is no jurisdiction over the respondent. A common misconception is that the petitioner can serve the petition without the summons; service of just FL-100 is legally void.
FL-105 UCCJEA Declaration
Form FL-105 is required whenever minor children are involved. It lists the children’s residences for the last five years and any other custody cases. The form helps the court decide if California is the children’s home state under the UCCJEA.
The consequence of skipping FL-105 is a custody order without proper jurisdiction, which another state can refuse to enforce. A common misconception is that FL-105 is optional in dissolution; it is mandatory whenever children are listed on FL-100.
FL-115 and FL-117 for Service
Form FL-115 is the proof of personal service. Form FL-117 is the Notice and Acknowledgment of Receipt for service by mail, which only works if the respondent signs and returns it. Service by mail saves money but only if the respondent cooperates.
Three Common Scenarios
Each scenario shows how FL-100 plays out in real life. The tables map the filer’s action to the legal consequence.
Scenario 1: Standard Divorce with Children
| Filer Action | Legal Consequence |
|---|---|
| Maria checks 1a for Sacramento County residency | Court has subject matter jurisdiction over divorce |
| Maria lists two minor children and files FL-105 | Court has UCCJEA jurisdiction over custody |
| Maria checks irreconcilable differences in item 6 | Six-month clock under § 2339 starts at service |
| Maria asks for support in items 8 and 9 | Court can order retroactive support to filing date |
Scenario 2: Legal Separation Without Residency
| Filer Action | Legal Consequence |
|---|---|
| James moved to California 2 months ago and files for legal separation | No residency requirement applies for separation |
| James leaves item 1 unchecked but states partial residence | Court accepts case as separation, not divorce |
| James plans to amend to dissolution at month 6 | Avoids waiting and gets ATROs in place now |
| James files Form FL-100 with FL-110 and FL-105 | Complete petition packet, clerk accepts filing |
Scenario 3: Nullity Based on Fraud
| Filer Action | Legal Consequence |
|---|---|
| Priya discovers spouse hid a prior undissolved marriage | Voidable ground under § 2210(b) for prior marriage |
| Priya checks nullity in case type and item 6 | Marriage treated as never legally existing |
| Priya files within four years of discovery | Meets statute of limitations under § 2211 |
| Priya requests putative spouse status | Court can divide quasi-marital property |
Concrete Examples with Named Filers
Maria Lopez, Sacramento County. Maria has lived in California for 14 months and Sacramento County for 9 months. She files FL-100 to divorce her husband Carlos, lists their two children Sofia (8) and Diego (5), checks irreconcilable differences, and requests joint legal and primary physical custody. She files FL-105 with the children’s three-year residence history and pays the \$435 fee.
James Carter, San Diego County. James moved to San Diego from Texas three months ago. He cannot get a divorce yet under § 2320, so he files FL-100 for legal separation, checks item 1 with explanatory text, and lists no children. He plans to amend to dissolution at month 7 to get the ATROs and case number working immediately.
Priya Shah, Los Angeles County. Priya learned her husband Raj never finalized his prior divorce. She files FL-100 for nullity, checks Family Code § 2210(b) for prior existing marriage, asks for putative spouse status under Family Code § 2251, and requests division of quasi-marital property and spousal support.
Mistakes to Avoid
Errors at the petition stage echo through the entire case. Each mistake below has cost real filers real money or delay.
- Leaving the spousal support box unchecked. The consequence is permanent waiver of support after judgment.
- Guessing at the date of separation. The consequence is a property window that shifts thousands in earnings.
- Filing without FL-105 when children are listed. The consequence is a clerk’s rejection at intake.
- Using the wrong county. The consequence is a venue transfer motion that delays the case 60 days.
- Forgetting to check the name-restoration box. The consequence is a separate later filing and fee.
- Listing all property prematurely. The consequence is locking in valuations before discovery is complete.
- Picking fault grounds that do not exist. The consequence is amendment, embarrassment, and lost credibility.
- Skipping ATROs review on FL-110. The consequence is contempt for moving money or insurance.
- Filing without the fee or FW-001 waiver. The consequence is automatic rejection at the window.
- Signing without reading. The consequence is perjury exposure under Penal Code § 118.
Dos and Don’ts
The do list and the don’t list each have a “why” so you understand the reasoning.
Do double-check residency dates, because § 2320 controls subject matter jurisdiction. Do file FL-105 with FL-100 if children are listed, because UCCJEA jurisdiction depends on it. Do check every relief box that might apply, because unchecked boxes can waive the request. Do keep a stamped copy of every form, because the clerk’s stamp proves your filing date. Do request name restoration in item 11 if you want it, because adding it later costs another fee.
Don’t lie about the date of separation, because perjury under Penal Code § 118 is a felony. Don’t serve FL-100 alone without FL-110, because service without summons is void. Don’t transfer joint accounts after signing, because ATROs bind the petitioner immediately. Don’t skip the UCCJEA form, because the clerk will reject the entire packet. Don’t assume your spouse must agree, because California is no-fault under § 2310.
Pros and Cons of Filing First
Filing first carries strategic weight in a California family law case. The choice has tradeoffs you should understand before paying the fee.
Pros:
- You pick the venue, which controls travel and judges.
- You set the narrative because the judge reads your petition first.
- You trigger ATROs against your spouse the moment they are served.
- You start the six-month clock under § 2339 sooner.
- You can ask for emergency orders without waiting for the response.
Cons:
- You pay the \$435 fee first instead of letting the other side pay.
- You give the other side a roadmap of your asks.
- You risk filing before you have full financial records.
- You may push a reluctant spouse into hiring counsel.
- You commit to a date of separation that the other side can challenge.
Key Entities You Should Know
Judicial Council of California. The rule-making body that drafts and adopts FL-100 under Government Code § 68511. It also publishes the California Rules of Court that govern family law procedure.
Superior Court Clerk. The county officer who accepts FL-100, assigns the case number, and issues the summons. The clerk is the gatekeeper who can reject filings for technical defects.
Family Code. The statutory body of law in Division 6 and Division 7 that governs dissolution, custody, support, and property.
California Department of Child Support Services. The state agency that enforces support orders under Family Code § 17400. The local child support agency joins as a party when public assistance is involved.
Self-Help Center. The court-run free help office staffed by family law facilitators who review FL-100 packets at no cost.
Process and Timeline After Filing
After you file, the case moves through clear steps. Each step has a deadline, and missing a deadline costs time or rights.
Step 1: Service Within 60 Days
You must serve the respondent within 60 days under California Rules of Court rule 3.110. Personal service uses FL-115. Mail service uses FL-117 with a signed acknowledgment. The consequence of late service is an order to show cause why the case should not be dismissed.
Step 2: Respondent’s 30-Day Window
The respondent has 30 days from service to file Form FL-120. If the respondent does not respond, the petitioner can request a default under Form FL-165 on day 31. The consequence of default is a judgment based only on the petitioner’s facts.
Step 3: Preliminary Disclosures
Both sides must serve preliminary disclosures within 60 days of filing under Family Code § 2104. Disclosures include the Schedule of Assets and Debts (FL-142) and Income and Expense Declaration (FL-150). The consequence of skipping disclosures is sanctions and possible setting aside of the judgment.
Step 4: The Six-Month Wait
No California divorce judgment becomes final earlier than six months after the respondent is served, under Family Code § 2339. The status can become final on day 181 even if property and support remain open. The consequence of remarrying before the status is final is bigamy under Penal Code § 281.
Recap of Key California Rulings
In re Marriage of Davis (2015) held that spouses had to live in separate residences to be separated. The legislature overruled Davis with Family Code § 70, which now allows separation under one roof if facts show a clear break.
In re Marriage of Lusby confirmed that a party who fails to plead spousal support in the petition can lose the right at default. The case is the reason every petitioner should check the support box even when in doubt.
In re Marriage of Hill & Dittmer reinforced that the date of separation is a factual question for the trial judge, not a calendar date alone. Filers should keep contemporaneous emails or texts that show intent to end the marriage.
FAQs
Do I need a lawyer to file FL-100?
No. California law allows pro se filing, and the Self-Help Center offers free guidance. Most divorces in California involve at least one self-represented party throughout the case.
Can I file FL-100 online?
Yes. Many counties accept electronic filing through approved vendors listed on the California Courts e-filing page. Check your county’s local rules first because some counties require electronic filing.
Is the 2026 filing fee really \$435?
Yes. The base fee is \$435 statewide under the Statewide Civil Fee Schedule, though some counties add small surcharges for facilities. San Francisco and Riverside add construction fees.
Can I get the fee waived?
Yes. File Form FW-001 with FL-100 if you receive public benefits or earn under 125% of the federal poverty level. The court reviews and rules within five days.
Do I need to list a reason for the divorce?
No. California is a no-fault state, and irreconcilable differences is enough under Family Code § 2310. You do not have to prove or describe wrongdoing.
Can I file FL-100 if my spouse lives in another state?
Yes. California can grant the divorce if you meet residency under § 2320, but personal jurisdiction over the spouse for support and property may require minimum contacts under Kulko v. Superior Court.
Does FL-100 work for domestic partnerships?
Yes. The same form covers marriages and registered domestic partnerships. California-registered partners can dissolve in California even if they no longer live here under Family Code § 299.
How long after filing is my divorce final?
No earlier than six months after service under Family Code § 2339. Many cases take a year or more if property, custody, or support are contested.
Can I change my name back on FL-100?
Yes. Check the name-restoration box in item 11 of FL-100, and the judgment will restore your former name at no extra cost under Family Code § 2080.
Do I need to serve my spouse personally?
Yes for first service, unless your spouse signs Form FL-117 acknowledging receipt by mail. Personal service through a process server or sheriff is the most reliable method under Code of Civil Procedure § 415.10.
What happens if I make a mistake on FL-100?
Yes, you can fix it by filing an Amended Petition before the response is filed, or with leave of court after. The amended petition replaces the original and must be served again.
Can I file FL-100 if I am pregnant?
Yes. Check the pregnancy box in item 3, list the due date, and the court keeps jurisdiction over the child once born. You can update the case with the child’s information after birth.
Word count: approximately 4,650 words.
Related reading
- How to Fill Out California FL-100 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs
- How to Fill Out California Form FL-165 (w/Examples) + FAQs
- How to Fill Out California Form FL-460 (w/Examples) + FAQs
- How to Fill Out California Form FL-800 (w/Examples) + FAQs
- How to Fill Out California Form FL-940 (w/Examples) + FAQs