Form FL-100 at a glance
What it is: FL-100 is the Petition-Marriage/Domestic Partnership (Family Law). It is the form that starts a divorce, a legal separation or a nullity case in the Superior Court of California. The version on this page is the January 1, 2020 revision, adopted by the Judicial Council of California for mandatory use.
Who signs: The petitioner signs on page 3 and types or prints their name. If an attorney represents the petitioner, the attorney signs on the second line.
What to attach: If you and the respondent have minor children, attach a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105).
The petition is only one of the papers in a California case. Our guide to California divorce papers lists the others and explains what each one does.
How to fill out Form FL-100, box by box
Your details, the court and the case caption
Under PARTY WITHOUT ATTORNEY OR ATTORNEY, enter your NAME, STREET ADDRESS, CITY, STATE, ZIP CODE, TELEPHONE NO. and E-MAIL ADDRESS. If a lawyer represents you, enter the lawyer's details and STATE BAR NUMBER instead, and your name after ATTORNEY FOR.
Enter the county after SUPERIOR COURT OF CALIFORNIA, COUNTY OF, then the court's STREET ADDRESS, MAILING ADDRESS, CITY AND ZIP CODE and BRANCH NAME.
Enter the PETITIONER (you) and the RESPONDENT (your spouse or domestic partner). Pages 2 and 3 repeat the PETITIONER, RESPONDENT and CASE NUMBER lines. Leave FOR COURT USE ONLY blank.
Petition for
Check one type of case: Dissolution (Divorce), Legal Separation or Nullity. On the same line, check Marriage or Domestic Partnership.
Check AMENDED only if you are changing a petition you have already filed.
1. Legal relationship
Check every box that applies: a. if you are married, b. if you are domestic partners and your partnership was established in California, or c. if you are domestic partners and your partnership was NOT established in California.
2. Residence requirements
Check a. and mark Petitioner, Respondent or both for each person who has lived in California for at least six months and in this county for at least three months right before you file. The form says that for a divorce at least one of you must meet this requirement, unless your domestic partnership was established in California (item 1b.).
Check b. if your domestic partnership was established in California. Neither of you then has to live in California to end the partnership here.
Check c. if you are a same-sex couple who married in California but now live where the marriage is not recognized and will not be dissolved. The petition is then filed in the county where you married. Enter where the petitioner lives and where the respondent lives.
3. Statistical facts
For a marriage, check a. and enter (1) the date of marriage, (2) the date of separation and (3) the time between the two, in years and months.
For a domestic partnership, check b. and enter (1) the registration date with the California Secretary of State or the other state's equivalent, (2) the date of separation and (3) the time between the two, in years and months.
4. Minor children
Check a. if there are no minor children. Otherwise check b. and list each child's name, birthdate and age. Check (1) if the list continues on Attachment 4b, and (2) if a child is not yet born.
Item c. tells you the court can find that children born before the marriage or domestic partnership are children of the marriage or partnership. Item d. is the reminder to attach form FL-105.
Check e. if you and the respondent signed a voluntary declaration of parentage or paternity, and attach a copy if you have one.
5. Legal grounds
Items 5 to 11 are the orders you ask the court to make. For a divorce or a legal separation, check a. and one ground: (1) irreconcilable differences or (2) permanent legal incapacity to make decisions.
For a nullity, check b. if the marriage or partnership is void because of (1) incest or (2) bigamy. Check c. if it is voidable because of (1) the petitioner's age at the time of the marriage or registration, (2) a prior existing marriage or domestic partnership, (3) unsound mind, (4) fraud, (5) force or (6) physical incapacity.
6. Child custody and visitation (parenting time)
For a. legal custody and b. physical custody, mark who you ask the court to give it to: Petitioner, Respondent, Joint or Other. For c. visitation (parenting time), mark Petitioner, Respondent or Other.
If you set out the details on another form, check it after As requested in: form FL-311, FL-312, FL-341(C), FL-341(D), FL-341(E) or Attachment 6c(1).
7. Child support
Items a. to c. are notices with no box to check. The court makes child support orders when a party asks and submits the financial forms. An earnings assignment may be issued without further notice. Overdue support carries interest at the legal rate.
Check d. to ask for anything else about child support, and specify it.
8. Spousal or domestic partner support
Check a. to ask for support payable to the petitioner or the respondent. Check b. to end the court's ability to award support to one of you. Check c. to leave the question of support for one of you to be decided later. Check d. for any other request, and specify it.
9. Separate property
Check a. if there are no assets or debts you know of for the court to confirm as separate property.
Otherwise check b. and list them in a Property Declaration (form FL-160), in Attachment 9b, or in the list on the form, giving each item and who it should be confirmed to.
10. Community and quasi-community property
Check a. if there are no community or quasi-community assets or debts you know of for the court to divide.
Otherwise check b. and list them in a Property Declaration (form FL-160), in Attachment 10b, or on the form after as follows.
11. Other requests
Check a. to ask for attorney's fees and costs, and mark whether the petitioner or the respondent should pay them. Check b. to have the petitioner's former name restored, and enter the name. Check c. for any other request. Check Continued on Attachment 11c if you need more room.
12. Restraining orders, date and signature
Item 12 says you have read the restraining orders on the back of the Summons and understand that they apply to you as soon as the petition is filed.
You declare under penalty of perjury under the laws of the State of California that the form is true and correct. Enter the Date, type or print your name, and sign. If you have an attorney, the attorney dates and signs the second line.
More rules for Form FL-100
You may black out social security numbers on anything you file in this case, except a form used to collect child, spousal or partner support.
A divorce or legal separation may automatically cancel your spouse's or partner's rights under your will, trust, retirement plan, power of attorney, pay-on-death bank account and joint tenancy property. It does not automatically cancel their right as the beneficiary of your life insurance. The form asks you to review these, along with your credit cards, credit accounts, insurance policies and credit reports. Some changes may need your spouse's or partner's agreement or a court order.
For more information, the form points you to Legal Steps for a Divorce or Legal Separation (form FL-107-INFO) and the Families Change website. To see where the petition fits in the whole case, from filing to the final judgment, read our guide on how to file for divorce in California. If you would rather have the papers prepared for you, our online divorce service for California can help.
Sources
[1] Form FL-100 (Rev. January 1, 2020), Petition-Marriage/Domestic Partnership (Family Law), Judicial Council of California (the PDF on this page).
