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The FL 100 form is a crucial document used in California for individuals seeking to initiate legal proceedings related to relationships such as marriages or domestic partnerships. It serves as a petition for various actions including the dissolution of marriage or domestic partnerships, legal separation, and even nullity of marriages. The form requires personal information about the petitioner and respondent, including names, addresses, and contact details. Legal relationships are defined, as well as residency requirements, specifying the duration of residence in California that must be met prior to filing. The form includes sections where parties can indicate the presence of minor children, provide dates relevant to their relationships, and outline specific requests to the court regarding custody, support, and division of property. Additionally, it stipulates the grounds for the petition, such as irreconcilable differences or fraud, and lays out the procedures for securing financial support for children or spousal support. Understanding the components of the FL 100 form is essential for anyone involved in family law proceedings to ensure a thorough and accurate submission to the court.

Fl 100 Example

FL-100

PARTY WITHOUT ATTORNEY OR ATTORNEY

STATE BAR NUMBER:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

 

PETITIONER:

 

 

 

 

 

 

RESPONDENT:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PETITION FOR

 

 

 

 

 

AMENDED

 

 

 

 

 

 

 

Dissolution (Divorce) of:

 

Marriage

 

Domestic Partnership

 

 

 

 

 

 

Legal Separation of:

 

Marriage

 

Domestic Partnership

 

 

 

 

 

 

Nullity of:

 

Marriage

 

Domestic Partnership

 

 

 

 

FOR COURT USE ONLY

CASE NUMBER:

1.LEGAL RELATIONSHIP (check all that apply):

a. We are married.

b. We are domestic partners and our domestic partnership was established in California.

c.

We are domestic partners and our domestic partnership was NOT established in California.

2.RESIDENCE REQUIREMENTS (check all that apply):

a.

 

Petitioner

 

Respondent has been a resident of this state for at least six months and of this county for at least three

 

 

 

 

months

immediately preceding the filing of this Petition. (For a divorce, unless you are in the legal relationship described

 

 

in 1b., at least one of you must comply with this requirement.)

b. Our domestic partnership was established in California. Neither of us has to be a resident or have a domicile in California to dissolve our partnership here.

c.

We are the same sex, were married in California, but currently live in a jurisdiction that does not recognize, and will not dissolve, our marriage.This Petition is filed in the county where we married.

Petitioner lives in (specify):

Respondent lives in (specify):

3. STATISTICAL FACTS

 

a.

(1)

Date of marriage (specify):

(2) Date of separation

(specify):

(3)

Time from date of marriage to date of separation (specify):

Years

Months

b.

 

(1)

Registration date of domestic partnership with the California Secretary of State or other state equivalent (specify below):

 

 

(3)

(2) Date of separation (specify):

Years

Months

 

Time from date of registration of domestic partnership to date of separation (specify):

4.MINOR CHILDREN

a.

b.

c.

There are no minor children.

 

 

The minor children are:

 

 

Child's name

Birthdate

Age

(1)

 

continued on Attachment 4b.

(2)

 

a child who is not yet born.

 

 

If any children listed above were born before the marriage or domestic partnership, the court has the authority to determine those children to be children of the marriage or domestic partnership.

d.If there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) must be attached.

e. Petitioner and Respondent signed a voluntary declaration of parentage or paternity. (Attach a copy if available.)

 

 

Page 1 of 3

Judicial Council of California

PETITION—MARRIAGE/DOMESTIC PARTNERSHIP

www.courts.ca.gov

Form Adopted for Mandatory Use

 

Family Code, §§ 297, 299, 2320, 2330, 3409

FL-100 [Rev. January 1, 2020]

(Family Law)

 

FL-100

PETITIONER:

RESPONDENT:

CASE NUMBER:

Petitioner requests that the court make the following orders:

5. LEGAL GROUNDS (Family Code sections 2200–2210, 2310–2312)

 

a.

 

Divorce

or

 

Legal separation

of the marriage or domestic partnership based on (check one):

 

 

 

(1)

 

irreconcilable differences.

(2)

 

 

permanent legal incapacity to make decisions.

 

 

 

b.

 

Nullity of void marriage or domestic partnership based on

 

 

 

 

(1)

 

incest.

(2)

 

bigamy.

 

 

 

 

 

 

 

 

 

 

 

c.

Nullity of voidable marriage or domestic partnership based on

(1) petitioner’s age at time of registration of domestic partnership or marriage.

(2) prior existing marriage or domestic partnership.

(3) unsound mind.

(4)

(5)

(6)

fraud.

force.

physical incapacity.

6. CHILD CUSTODY AND VISITATION (PARENTING TIME) Petitioner Respondent Joint Other

a. Legal custody of children to .........................................................

b. Physical custody of children to ....................................................

c. Child visitation (parenting time) be granted to .............................

As requested in

7.CHILD SUPPORT

form FL-311 form FL-341(D)

form FL-312 form FL-341(E)

form FL-341(C)

Attachment 6c(1)

a.If there are minor children born to or adopted by Petitioner and Respondent before or during this marriage or domestic partnership, the court will make orders for the support of the children upon request and submission of financial forms by the requesting party.

b.An earnings assignment may be issued without further notice.

c.Any party required to pay support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent.

d. Other (specify):

8.SPOUSAL OR DOMESTIC PARTNER SUPPORT

a.

 

Spousal or domestic partner support payable to

 

Petitioner

 

 

 

 

Respondent

 

 

 

 

 

 

b.

 

Terminate (end) the court's ability to award support to

 

 

Petitioner

 

 

 

Respondent

 

 

 

 

 

c.

 

Reserve for future determination the issue of support payable to

 

 

 

Petitioner

 

 

Respondent

 

 

 

 

d.

 

Other (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.SEPARATE PROPERTY

a.

b.

There are no such assets or debts that I know of to be confirmed by the court.

Confirm as separate property the assets and debts in

 

Property Declaration (form FL-160).

 

 

the following list.

Item

 

 

 

 

 

Attachment 9b.

Confirm to

FL-100 [Rev. January 1, 2020]

PETITION—MARRIAGE/DOMESTIC PARTNERSHIP

Page 2 of 3

(Family Law)

FL-100

PETITIONER:

RESPONDENT:

CASE NUMBER:

10.COMMUNITY AND QUASI-COMMUNITY PROPERTY

a.

b.

There are no such assets or debts that I know of to be divided by the court.

Determine rights to community and quasi-community assets and debts. All such assets and debts are listed

in Property Declaration (form FL-160 ) in Attachment 10b.

as follows (specify):

11.OTHER REQUESTS

a.

 

Attorney's fees and costs payable by

 

Petitioner

 

 

b Petitioner's former name be restored to(specify):

c. Other (specify):

Respondent

Continued on Attachment 11c.

12.I HAVE READ THE RESTRAINING ORDERS ON THE BACK OF THE SUMMONS, AND I UNDERSTAND THAT THEY APPLY TO ME WHEN THIS PETITION IS FILED.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

 

(TYPE OR PRINT NAME)

 

 

(SIGNATURE OF PETITIONER)

Date:

 

 

 

 

 

 

 

 

 

 

 

 

(SIGNATURE OF ATTORNEY FOR PETITIONER)

 

(TYPE OR PRINT NAME)

 

 

FOR MORE INFORMATION: Read Legal Steps for a Divorce or Legal Separation (form FL-107-INFO) and visit "Families Change" at www.familieschange.ca.gov — an online guide for parents and children going through divorce or separation.

NOTICE: You may redact (black out) social security numbers from any written material filed with the court in this case other than a form used to collect child, spousal or partner support.

NOTICE—CANCELLATION OF RIGHTS: Dissolution or legal separation may automatically cancel the rights of a domestic partner or spouse under the other domestic partner's or spouse's will, trust, retirement plan, power of attorney, pay-on-death bank account, survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel the right of a domestic partner or spouse as beneficiary of the other partner's or spouse's life insurance policy. You should review these matters, as well as any credit cards, other credit accounts, insurance polices, retirement plans, and credit reports, to determine whether they should be changed or whether you should take any other actions. Some changes may require the agreement of your partner or spouse or a court order.

FL-100 [Rev. January 1, 2020]

PETITION—MARRIAGE/DOMESTIC PARTNERSHIP

(Family Law)

Page 3 of 3

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Form Characteristics

Fact Name Details
Governing Law Family Code sections 2200–2210, 2310–2312 govern the FL-100 form in California.
Purpose The FL-100 form is used to file a petition for the dissolution of marriage or domestic partnership, legal separation, or nullity.
Residency Requirements At least one party must have been a resident of California for six months and of the county for three months prior to filing.
Minor Children If there are minor children, the form requires additional information and a completed UCCJEA declaration (FL-105).
Legal Grounds Petitioners can choose from grounds such as irreconcilable differences or permanent legal incapacity for divorce or legal separation.
Spousal Support The form allows for requests regarding spousal or domestic partner support, either temporary or permanent.
Community Property Petitioners must disclose community and quasi-community property, if any, to be divided by the court.
Petitioner's Declaration A declaration under penalty of perjury is required, affirming the information provided is accurate.
Filing Method This form can be filed at the Superior Court of California in the appropriate county where the parties reside or married.

Guidelines on Utilizing Fl 100

Once you have gathered the necessary information, you are ready to fill out the FL-100 form. The process involves providing details about your legal relationship, residence, children, and any requests for court orders. Make sure to have your information and any required documents ready.

  1. At the top of the form, fill in your details as a party without an attorney or with an attorney, if applicable. Include your name, firm name, address, phone number, and email.
  2. Specify the court's information, including the Superior Court of California, the county, street address, mailing address, city, and zip code.
  3. Clearly identify who the petitioner and respondent are.
  4. Check the appropriate box for the type of petition you are filing: dissolution of marriage, domestic partnership, or legal separation.
  5. For legal relationship, check all options that apply: married, domestic partners established in California, or domestic partners not established in California.
  6. Read the residence requirements section. Check the box that reflects the residency status of the petitioner and/or respondent.
  7. Input key statistical facts including the date of marriage, date of separation, and duration of marriage. If applicable, provide the registration date of domestic partnership.
  8. If there are minor children, list their names, birthdates, and ages. If there are no minor children, check the box stating that.
  9. Indicate whether any children were born before the marriage or domestic partnership.
  10. Select the legal grounds for the petition by checking the appropriate box indicating either irreconcilable differences or permanent legal incapacity to make decisions.
  11. In the child custody and visitation section, specify custody arrangements and visitation rights, if applicable.
  12. Fill out the child support section, selecting the appropriate forms and noting any support requests.
  13. For spousal or domestic partner support, indicate if support is payable, if it should be terminated, or if you want it reserved for future determination.
  14. Complete information about separate property, including any assets or debts that should be confirmed.
  15. List any community or quasi-community property and specify how it should be handled by the court.
  16. Address any other requests, including attorney fees or name restoration.
  17. Finally, sign the declaration certifying that you have read the restraining orders, and that all information provided is true and correct.

After filling out the FL-100 form, review it to ensure that all information is accurate. You will then need to submit the completed form to the appropriate court. Make copies for your records and consider seeking guidance if any parts are unclear or if you have additional questions.

What You Should Know About This Form

What is the FL-100 form used for?

The FL-100 form is a legal document used to initiate a petition for the dissolution of marriage or domestic partnership, legal separation, or nullity of marriage/dissolution of partnership in California. By completing and filing this form, individuals formally request the court to recognize their divorce or separation. It also allows for requests regarding custody, child support, and property division.

Who can file the FL-100 form?

Any person who is part of a marriage or domestic partnership in California can file the FL-100 form. The form can be completed by either the petitioner, who initiates the process, or the respondent, who receives the petition. It is crucial to meet jurisdictional requirements, such as residency, to file in California.

What information do I need to provide on the FL-100?

When completing the FL-100, you will need to provide personal information, including your name, address, and contact information. Additionally, you should be prepared to disclose details about your legal relationship, residence, children, and any assets. It’s important to be accurate and thorough in providing dates such as the marriage or domestic partnership date, as well as the date of separation.

What if there are minor children involved?

If there are minor children from the marriage or domestic partnership, you must provide their names and birthdates on the FL-100. Furthermore, you will need to submit a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105) to ensure custody and visitation are addressed appropriately.

What are the legal grounds for filing the FL-100?

The form allows you to choose legal grounds for divorce or legal separation, which can include irreconcilable differences or permanent legal incapacity to make decisions. For nullity of marriage or partnership, grounds such as bigamy or incest may also be indicated. It’s essential to select the appropriate grounds that apply to your situation.

Can I request spousal support through the FL-100?

Yes, the FL-100 allows you to request spousal or partner support in your petition. You can indicate whether support is payable to either party, and you can also ask the court to terminate support rights or reserve them for future determination. Be sure to provide detailed information as needed in the designated sections.

What happens after I file the FL-100?

Once you file the FL-100 form with the court, you will receive a case number, and the court will process your request. You may also need to serve the respondent with a copy of the filed petition. Following this, attendance at hearings may be required, especially if there are disputes regarding custody, support, or property division.

Are there any important notices I should be aware of?

Yes, there are important notices related to rights cancellation and privacy. For instance, dissolution may affect rights under wills, trusts, insurance policies, and property ownership agreements. It is advisable to review these matters thoroughly. Additionally, you can redact social security numbers from most court documents to protect your privacy, except for certain support forms.

Common mistakes

Filling out the FL-100 form can be a straightforward process; however, many individuals make common mistakes that can complicate their cases. One prevalent error occurs when the petitioner fails to accurately check the appropriate legal relationship status at the beginning of the form. Selecting the wrong option can lead to delays or even dismissal of the petition. It is crucial for individuals to clearly identify whether they are married, in a domestic partnership established in California, or one that was not established in California.

Another frequent oversight involves residence requirements. Petitioner and respondent both must confirm residency within California under specified conditions. Not completing this section correctly could result in issues related to jurisdiction, ultimately affecting the petition's validity. Therefore, understanding the requirements for residency ensures a smoother filing experience.

A lack of detailed information regarding statistical facts is also a common pitfall. This section requires specific dates and time frames related to the marriage or domestic partnership. Petitioner must ensure that these details are accurate and complete, as they are significant for the court's considerations. Failing to provide clear information may lead to confusion and unnecessary complications.

The section concerning minor children can often be mistakenly filled out as well. If the petitioner lists children, but neglects to provide necessary documentation, such as the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the court could postpone proceedings. Conversely, omitting this section when the petitioner has no children may create unneeded concerns for the court.

Inaccuracies in stating legal grounds for the dissolution or legal separation can also disrupt the filing process. Petitioner must select the correct legal basis for their request. Mislabeling the grounds could lead to the court questioning the legitimacy of the request, which could delay the process or necessitate additional filings.

Spousal or domestic partner support provisions are often misunderstood. In this part of the form, it is imperative to indicate whether support is requested or to reserve the right to request it in the future. Incorrectly stating these preferences could impact financial arrangements and future court decisions.

Lastly, failing to read and comprehend the restraining orders section can introduce legal risks for finders of the form. By signing the form, individuals declare they understand the implications of restraining orders. Ignoring this vital step can lead to unintentional violations, which could affect both legal standing and personal security.

Documents used along the form

The FL-100 form is essential for initiating a dissolution or legal separation in California, but it is often accompanied by several other forms and documents that provide important information and assistance throughout the process. Below is a list of forms that are commonly used alongside the FL-100, along with brief descriptions to help you understand their purpose.

  • FL-105 - Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): This form provides details about the minor children involved in the case, focusing on custody jurisdiction and enforcement matters.
  • FL-160 - Property Declaration: This document lists all assets and debts for both parties, and is essential for the court to determine the division of property during the dissolution process.
  • FL-311 - Child Support Case Questionnaire: This form gathers information about each parent’s financial situation, which helps the court calculate child support obligations.
  • FL-341(D) - Child Support Schedule: This document outlines the child support amount based on the financial details provided by the parents and other relevant factors.
  • FL-341(C) - Order to Show Cause for Modification of Child Support: If a party seeks to change an existing child support order, this form serves as a formal request to the court to review the situation.
  • FL-341(E) - Child Support Enforcement: This form is utilized for requesting enforcement of child support orders and provides information on collection efforts.
  • FL-312 - Spousal or Partner Support Declaration: This document outlines requests for spousal or partner support, detailing the financial needs of the requesting party.
  • FL-343 - Spousal Support Order: This form is employed when a party requests a formal order for spousal support, detailing financial circumstances and support terms.
  • FL-310 - Request for Child Custody and Visitation Orders: When a party wishes to establish custody and visitation arrangements, this form formally outlines those requests to the court.
  • FL-200 - Responsive Declaration to the Petition: This form allows the other party to respond to the FL-100 petition, providing their perspective and any requests of their own concerning the dissolution.

Each of these documents plays a vital role in the divorce or legal separation process, providing necessary information to the court and ensuring that both parties' rights and responsibilities are clearly defined. If you're navigating these processes, familiarizing yourself with these forms can help facilitate a smoother experience.

Similar forms

  • FL-105: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) - This form must accompany the FL-100 if there are minor children. It provides information about child custody jurisdiction.
  • FL-160: Property Declaration - Similar to the FL-100, this form outlines the assets and debts of both parties. It helps the court determine the division of community property.
  • FL-311: Request for Order for Child Support - This form requests the court to establish child support obligations, making it essential for cases involving minor children.
  • FL-341: Child Support Case Registry Information - It shares information related to child support, ensuring that the court has up-to-date details concerning the child's welfare.
  • FL-341(D): Child Support Information and Order Attachment - This attachment provides additional financial details needed by the court to make decisions regarding child support.
  • FL-341(C): Additional Child Support Form - This is used for further information on income and expenses relevant to determining child support.
  • FL-341(E): Child Support Worksheet - This form calculates child support based on the income and expenses of both parents, similar to the financial information requested in FL-100.
  • FL-221: Request for Dissolution of Marriage - This form is directly related to the FL-100 and provides a request for the court to dissolve a marriage or domestic partnership.
  • FL-830: Notice of Motion and Motion for Fee Waiver - This form allows parties to request a waiver of court fees, which may be relevant if filing FL-100.
  • FL-295: Application for Default - This form is used to request default judgment when the other party does not respond, and it's similar in seeking court orders related to family law.

Dos and Don'ts

When filling out the FL-100 form, attention to detail is crucial. Here’s a list of things to keep in mind to ensure that your form is correctly filled out.

  • Do provide accurate personal information.
  • Don’t leave any required fields blank.
  • Do check the legal relationship options that apply to you.
  • Don’t forget to specify any minor children if applicable.
  • Do sign and date the form before submission.
  • Don’t submit the form without reviewing it for errors.
  • Do attach any required documents, like the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
  • Don’t attempt to file the form without understanding the implications of your requests.

Following these guidelines will help ensure that your petition is processed smoothly and efficiently.

Misconceptions

Misconceptions about the FL-100 form can lead to confusion during the divorce or legal separation process. The following list clarifies five common misunderstandings:

  • It can only be filed by an attorney. Many believe that the FL-100 form must be submitted by a lawyer. In reality, individuals can file this form without legal representation.
  • All partners must be residents of California. Some think both partners must reside in California to file for a domestic partnership dissolution. However, if the partnership was established in California, residency is not a requirement for dissolution.
  • Filing the FL-100 automatically grants divorce. Many people assume that submitting this form guarantees a divorce. It initiates the process but does not finalize the divorce until the court holds a hearing and issues a judgment.
  • Children's custody arrangements are irrelevant in the petition. A common misconception is that child custody details do not need to be included when filing. If there are minor children involved, the form must address custody and support arrangements.
  • Previous marriages or partnerships do not impact the process. Some individuals believe that prior relationships have no bearing on the FL-100 form. However, previous marriages or partnerships need to be disclosed as they may affect the legal grounds for divorce and other related matters.

Understanding the correct information regarding the FL-100 form is crucial for a smooth legal process. Misconceptions can complicate proceedings and delay resolutions.

Key takeaways

When filling out and using the FL-100 form for divorce or legal separation in California, keep the following key takeaways in mind:

  • Understand your relationship status: Check the appropriate boxes to confirm if you are married or in a domestic partnership. This may affect your filing process.
  • Know the residency requirements: Ensure that you meet the necessary residency criteria. For example, at least one party must have lived in California for six months and in the county for three months before filing for divorce.
  • Accurately list any minor children: If you have children, provide their names and birthdates. If there are no children, indicate that clearly. Be prepared to attach additional forms regarding custody and support.
  • Specify legal grounds: Clearly indicate your reason for the filing, whether it's irreconcilable differences, permanent legal incapacity, or other grounds. This helps the court understand the nature of your case.

Taking the time to fill out the FL-100 accurately and completely can make a significant difference in how your case is handled. Always review the form before submission to avoid delays or complications!

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