How to fill out FL-100 petition for dissolution of marriage in California

Last updated 2026-07-11

What is FL-100 and why does California require it?

FL-100 is the Petition for Dissolution of Marriage (or Domestic Partnership), issued by the California Judicial Council. Every California divorce starts here. It tells the court who the parties are, what grounds you're using, what you own and owe, and what orders you want when the case ends. ^[1]

California is a no-fault state. The only grounds you'll ever check on FL-100 are "irreconcilable differences," which Family Code section 2310 defines as "irremediable breakdown of the marriage." You prove nothing beyond stating those grounds. No affair, no abuse, no fault. ^[2]

The form runs three pages and pairs with FL-110 (Summons), which the clerk stamps at the same time. You file both together. FL-100 is the petition. FL-110 is the legal notice that freezes your finances the moment your spouse is served.

Have minor children? Then you also file the UCCJEA Declaration (FL-105) with the packet. California courts want it in hand before they'll accept the petition. ^[1]

What do you need before you start filling out FL-100?

Gather these before you open the form. You'll move faster and dodge the most common rejection, which is a blank field the clerk kicks back to you.

• Full legal names (exactly as they appear on government ID) for both spouses
• Date and city of your marriage
• Date of separation (the day one of you decided the marriage was over and acted on it)
• The California county where you'll file (you need 3 months of residency in that county and 6 months in the state) ^[2]
• Names and birthdates of all minor children
• A rough sense of whether you have community property, separate property, or both
• Whether either spouse will ask for spousal support (alimony)

You don't need exact dollar values for assets or debts on FL-100. The detailed financial disclosure comes later on FL-140, FL-142, and FL-150. FL-100 just asks you to acknowledge which categories exist.

Get the current version of the form straight from the California Courts website. The Judicial Council updates forms on a schedule, and clerks reject outdated versions on sight. ^[1]

How do you fill out the top caption section of FL-100?

The caption is the box at the top of every California court form. It looks like bureaucratic filler. Errors here cause rejections.

Your name and address (top left). Put the petitioner's name and a mailing address. If disclosing your home address is a safety concern, California law lets you use a P.O. box or an attorney's address instead. You don't need a current California address in this box if your prior address already met the residency test, but the county you file in must be where you or your spouse now lives. ^[2]

Attorney or party without attorney. Since you're filing yourself, write "In Pro Per" where it asks for attorney information. That's the California courts' shorthand for self-representation.

Superior Court of California, County of _____. Fill in your county. Check it against the residency requirement. If you moved counties recently, confirm you've been in the new one at least 3 months.

Case Number. Leave it blank. The clerk assigns the number when you file.

Petitioner vs. Respondent. The person filing is the Petitioner. The spouse who receives the papers is the Respondent. Either spouse can file first. There's no legal advantage either way in an uncontested case.

How do you complete items 1 through 6 (the marriage facts)?

These six items are the factual spine of your divorce.

Item 1: Residence. Check which spouse has lived in California for the past 6 months and in the filing county for the past 3 months. At least one of you has to meet both. ^[2] If you've separated and live in different counties, you can file in either spouse's county.

Item 2: Statistical facts. Enter your marriage date and the city and state where you married, then the date of separation. California rewrote its definition of "date of separation" in 2017 under Family Code section 70: it's the date a spouse "expressed to the other spouse [their] intent to end the marriage" and acted consistently with that intent. ^[3] Unsure of the exact date? Pick the one that most clearly marks when the split became final.

Item 3: Minor children. If you have minor or dependent children together, check "are" and list each child's name, age, and birthdate. No children? Check "are not." This box drives whether the court requires a parenting plan.

Item 4: Separate property. Check yes if either spouse has property acquired before marriage, received as a gift, or inherited during marriage. You don't list it here. You just acknowledge it exists. The detail goes on the Schedule of Assets and Debts (FL-142) later.

Item 5: Declaration regarding community and quasi-community assets. Check one of three boxes. "There are no such assets or debts" means you both walked into the marriage with nothing and acquired nothing. Most people check the box saying all such assets and debts are listed in a Property Declaration (FL-160), or the box confirming the parties will exchange financial disclosures. In a simple case with minimal assets, you often check that a property declaration is attached or will be served.

Item 6: Grounds for dissolution. Check "Irreconcilable differences." It's the only box almost anyone ever checks. "Permanent legal incapacity to make decisions" is the other option, and it requires medical proof courts rarely see.

How do you fill out the support and property orders sections (items 7 through 11)?

Items 7 through 11 tell the court what you want. In an uncontested divorce where you and your spouse already agree, these boxes should mirror that agreement exactly.

Item 7: Spousal or domestic partner support. If you want the court to keep the option to award support later (even if you're not asking now), check "be reserved for future determination." If neither of you wants spousal support ever, check "be terminated" or the box requesting no spousal support. Once support is terminated and the judgment is final, that door shuts for good. Think hard before checking "terminate." If there's any chance your money picture could change, reserving jurisdiction costs nothing and keeps the option alive. Read our guide to alimony for how support gets decided.

Item 8: Property orders. Check the box asking the court to divide assets and debts under California community property law. You don't spell out the division here. That lives in your marital settlement agreement.

Item 9: Child custody and visitation. With minor children, check whether you want sole or joint legal custody, sole or joint physical custody, and the basis for the request. In an uncontested case you'll attach or reference your parenting plan. If custody is settled, note "as agreed by the parties."

Item 10: Child support. Check whether you're requesting support and note if it follows the California guidelines. The guideline is set by statute in Family Code sections 4050 through 4076 and calculated from income, timeshare, and a handful of other factors. ^[4] Run the numbers first with the Judicial Council's free online calculator. Our child support calculator overview gives you the context.

Item 11: Other orders. Use this for attorney's fees, name restoration, or any request the earlier items don't cover. Name restoration is common: ask to go back to a former name right in the petition instead of filing a separate name-change case later.

What does the declaration and signature block require?

Page 3 of FL-100 ends with a declaration. You're signing under penalty of perjury under California law. Read it before you sign.

The declaration says the information you provided is true and correct to the best of your knowledge. No notary needed. You sign it with the county name and date filled in. The Petitioner signs on the left line. An attorney, if one is involved, signs on the right. For a self-represented filer, only your signature goes here.

Don't sign until you're at the courthouse or holding your final completed version. Once it's signed and dated, that date matters. If weeks pass between signing and filing, re-date it to the day you actually file.

What are the most common mistakes people make on FL-100?

California superior court clerks reject petitions for the same handful of reasons over and over. Here are the ones that show up most.

Wrong form version. The Judicial Council revises forms and prints the revision date in the lower left corner. Courts reject anything that isn't current. Download FL-100 from the California Courts website the day you plan to file. ^[1]

County residency not met. Six months in California but under three months in the filing county means you aren't eligible in that county yet. Wait it out, or file where you previously lived if you still qualify there.

Date of separation left blank or impossible. Some filers leave it empty or enter a date before the marriage date. The court flags or rejects it.

Missing FL-105 when there are minor children. The UCCJEA Declaration has to travel with FL-100 in any case with children. File without it and the whole packet bounces.

Checking "terminate spousal support" without knowing what it does. This one doesn't cause a rejection. It causes real harm later. Once the judgment terminates support, neither party can reopen it.

Using initials or nicknames. Legal names only. If your spouse goes by a nickname, the legal name still goes on the form.

Not making enough copies. Most counties want the original plus at least two copies. Some clerks want three. Call the clerk's office or check the local rules before you go.

What does it cost to file FL-100 in California?

Filing FL-100 triggers the initial filing fee. As of 2024, the superior court filing fee for a dissolution petition is $435 for the petitioner. ^[5] The respondent pays a $435 response fee only if they file FL-120 (Response). In a fully uncontested case where the respondent files nothing, only the $435 petitioner fee applies.

The fee is the same across all 58 California counties because state law sets it under Government Code section 70670. ^[5] Some counties tack on small local surcharges, usually $15 to $30, but the base is uniform.

Can't afford it? File FW-001 (Request to Waive Court Fees) at the same time as FL-100. The court grants waivers based on income and public benefit receipt. As of 2024, a single-person household earning roughly $1,609 per month or less generally qualifies, though the thresholds adjust periodically. ^[6]

Service costs are separate. Process servers in California typically run $50 to $150. Some counties let the sheriff serve for $30 to $50.

If you'd rather have every form drafted and checked together, our divorce papers guide walks through the full packet. DivorceClear's $149 document packet includes FL-100 and every other form an uncontested California divorce needs, pre-filled from your answers.

What are California's filing fee and cost benchmarks?

Cost item	Typical range	Notes
FL-100 filing fee (petitioner)	$435	Set by Gov. Code § 70670 [5]
FL-120 response fee (respondent)	$435	Applies only if respondent files
Fee waiver (FW-001)	$0	Income-based; file at same time [6]
Process server	$50 to $150	Varies by county and firm
Sheriff service	$30 to $50	Many counties offer this option
Certified copies of judgment	$25 to $40 per copy	Needed for QDRO, name change, etc.
DIY document packet (e.g., DivorceClear)	~$149	All forms pre-filled for uncontested cases
Divorce attorney (contested)	$300 to $500/hr	Not needed for uncontested

Source: California Government Code section 70670 and California Courts self-help center ^[5][6]

What happens after you file FL-100?

The clerk date-stamps your original, assigns a case number, and hands back your conformed copies. Keep those copies. That case number goes on every document you file after this.

From here, three things have to happen before the divorce can finalize.

Serve the respondent. California requires personal service of the summons (FL-110) and petition on your spouse within 60 days of filing. ^[7] Someone other than you (a friend over 18, a professional process server, or the county sheriff) hands over the documents. You cannot serve your own spouse. After service, the server completes Proof of Service of Summons (FL-115), which you file with the court.

Wait out the six-month period. California Family Code section 2339 bars the court from entering a dissolution judgment until six months after the respondent is served or first appears. ^[2] This is the mandatory waiting period. You can finish every scrap of paperwork in week two if you want. You still can't get the final judgment until those six months run.

Complete financial disclosures. Both parties exchange Preliminary Declarations of Disclosure (FL-140, FL-142, FL-150) no matter how friendly the divorce is. This is not optional. ^[8] You serve these on each other and generally don't file them with the court, except the cover sheet FL-141.

After the waiting period, you submit your judgment packet: the marital settlement agreement, FL-180, FL-190, and any other required forms. The judge reviews and signs. The dissolution is final six months and one day from service. ^[2]

Do both spouses have to sign FL-100?

No. Only the Petitioner signs FL-100. The Respondent's chance to respond comes through FL-120 (Response to Petition). In an uncontested divorce, many respondents simply skip FL-120, sign the marital settlement agreement, and waive further notice. That's legal and common in California.

If the respondent does want to file FL-120, they have 30 days after being served (60 days if served outside California). ^[7] Filing a response doesn't make the divorce contested. It just puts the respondent on record and gives them a formal voice in the case.

Some couples file with both parties listed, one as petitioner and one as respondent, and attach a signed stipulation confirming they agree on everything. This can trim the timeline slightly in some courts, though California has no formal "joint petition" procedure the way some other states do.

Where can you get free help filling out FL-100?

California has one of the strongest self-help systems in the country for people representing themselves.

California Courts Self-Help Center. The statewide portal at selfhelp.courts.ca.gov has instructions for every Judicial Council form and walks through the divorce process step by step. ^[1] Start here.

Local court self-help centers. Most superior courts have a physical self-help center staffed by facilitators who review your forms, though by law they can't give legal advice. Some are walk-in. Many now require appointments. Find yours through the court's website.

Legal aid organizations. If your income qualifies, groups like Bay Area Legal Aid and other regional nonprofits provide free help. The California Courts website keeps a list by county. ^[1]

California Courts online divorce assistant. Some counties have partnered with the Judicial Council's guided interview tool, which auto-fills FL-100 and related forms from your answers. Check whether your county takes part.

If you'd rather hand off the technical work of completing the full packet, a document preparation service or a divorce attorney can do it. An attorney is usually overkill for a fully uncontested case with agreed terms. A document preparer costs less and fits many situations.

Can you file FL-100 online in California?

It depends on your county. California has no single statewide e-filing system for family law. Several large counties, including Los Angeles and Sacramento, accept e-filing through approved electronic filing service providers (EFSPs). Others still require in-person or mail filing. ^[9]

Los Angeles County Superior Court runs its own eFiling portal and takes family law filings electronically. San Diego, Alameda, and several other counties also participate. If your county accepts e-filing, you upload your completed PDF forms through the EFSP, pay the fee online, and get your conformed copies back digitally, usually within one to three business days.

If your county doesn't accept e-filing for family law, you have two options: file in person at the clerk's office, or mail the forms with a check and a self-addressed stamped envelope for return of your conformed copies. Mail filing can add one to three weeks.

Check your specific superior court's website before you assume either option is open.

Frequently asked questions

What is the difference between FL-100 and FL-120?

FL-100 is the Petition filed by the spouse who starts the divorce (the Petitioner). FL-120 is the Response filed by the other spouse (the Respondent) if they choose to formally reply. In an uncontested case, the respondent often skips FL-120 and signs the settlement agreement instead. Both forms come from the California Judicial Council and are free on the courts website.

Do I need a lawyer to fill out FL-100?

No. Thousands of Californians complete FL-100 without a lawyer every year. The form isn't complex if your situation is straightforward: no contested property, no disputed custody, both parties cooperative. A lawyer earns the fee when you have pension assets needing a QDRO, significant business interests, or a spouse who won't cooperate. For a clean uncontested case, self-help resources and a document packet usually do the job.

What is the date of separation and how do I figure it out for FL-100?

California Family Code section 70 defines the date of separation as the date one spouse expressed intent to end the marriage and acted consistently with that decision. It doesn't have to be a formal announcement. Moving out, closing joint accounts, or telling your spouse it's over can all mark the date. If you're unsure, pick the clearest date you can defend. Courts rarely scrutinize it unless asset valuation depends on it.

How long does a California divorce take after filing FL-100?

California has a mandatory six-month waiting period that starts when the respondent is served, not when you file. The earliest possible dissolution date is six months and one day after service. In practice, uncontested divorces take six to nine months once you account for paperwork, financial disclosures, and court processing. Contested divorces can run one to three years or more depending on the issues.

What happens if I make a mistake on FL-100 after it's filed?

Minor errors can sometimes be corrected with an amended petition. You re-file FL-100 with "Amended" noted in the caption and pay any applicable amendment fee. For errors caught before the judgment is entered, this is usually straightforward. Call the clerk's office to confirm your county's procedure. Errors in the final judgment are harder to fix and may need a motion to set aside under Code of Civil Procedure section 473.

Can I use FL-100 to end a domestic partnership?

Yes. The full title is Petition for Dissolution of Marriage or Domestic Partnership. You check the box at the top indicating whether you're dissolving a marriage, a domestic partnership, or both. The rest of the process is essentially identical. California registered domestic partners have the same rights and obligations as married spouses under Family Code section 297.5.

What other forms do I file along with FL-100?

At minimum: FL-110 (Summons, issued by the clerk), and FL-105 (UCCJEA Declaration) if you have minor children. After filing, you serve the respondent and file FL-115 (Proof of Service). Financial disclosures require FL-140, FL-142, and FL-150 served on your spouse. The final judgment packet typically includes FL-180, FL-190, and your marital settlement agreement. Some counties require extra local forms.

Is the $435 filing fee the same in every California county?

The base fee is set statewide at $435 by Government Code section 70670, so yes, the base is identical in all 58 counties. Some counties add small local surcharges, often $15 to $30, for specific programs. If cost is a problem, file FW-001 (Request to Waive Court Fees) at the same time. Fee waivers are granted on income level and available regardless of county.

What should I put for property if we have a house?

On FL-100, you just acknowledge community property exists by checking the right box in item 5. You don't list the house by address or value on FL-100. The detailed treatment of your home goes in your marital settlement agreement and FL-342 (Property Order Attachment) if needed. The court divides or confirms ownership when it approves your judgment, so FL-100 is only notice that real property is in the picture.

What if my spouse refuses to sign anything or respond after being served?

If the respondent is served and doesn't file a response within 30 days, you can request a default. File FL-165 (Request to Enter Default). Once default is entered, you proceed without the respondent's participation and submit your judgment for the judge to approve based on your petition and settlement terms. The court doesn't require both parties to agree in order to grant a default divorce.

Can I change my name on FL-100?

Yes, and this is the easiest way to do it. Item 11 of FL-100 has a checkbox to request restoration of your former name as part of the dissolution. Write in the exact name you want restored. When the judge signs the judgment, it becomes a court order authorizing the change, usable with the Social Security Administration, DMV, and other agencies. No separate name-change petition needed.

Does FL-100 cover child custody orders?

FL-100 lets you request custody and visitation orders in item 9, but the actual parenting plan is detailed in a separate document, usually a Parenting Plan (FL-311) or a written agreement attached to the judgment. FL-100 is the request. The attachment is the substance. Courts want a complete, specific parenting plan before signing any judgment that affects minor children.

What is the UCCJEA Declaration (FL-105) and why is it required?

The Uniform Child Custody Jurisdiction and Enforcement Act Declaration confirms where the children have lived for the past five years and whether any other court has custody jurisdiction. California requires FL-105 whenever a divorce involves minor children because it prevents conflicting orders between states. Without it, the clerk rejects the entire filing packet. Fill in each child's name, current address, and residential history for the past five years.

Sources

1. California Courts, Self-Help: Divorce or Legal Separation: FL-100 is the Judicial Council form required to initiate a dissolution of marriage in California; the self-help center provides current form versions and instructions
2. California Family Code, Sections 2310, 2320, 2339 (California Legislative Information): Grounds for dissolution are irreconcilable differences (§2310); residency requires 6 months in California and 3 months in the county (§2320); dissolution cannot be entered until 6 months after service (§2339)
3. California Family Code Section 70 (California Legislative Information): Effective 2017, date of separation is defined as the date a spouse expressed intent to end the marriage to the other spouse and conducted themselves in a manner consistent with that intent
4. California Family Code Sections 4050-4076 (California Legislative Information): California child support is calculated using the statewide uniform guideline formula based on income and timeshare percentages
5. California Government Code Section 70670 (California Legislative Information): The filing fee for a petition for dissolution of marriage in California superior court is $435, set uniformly by state law
6. California Courts, Fee Waivers (FW-001): California courts grant fee waivers for the $435 filing fee based on income level and public benefit receipt; applicants file FW-001 at the time of the petition
7. California Family Code Section 2330.1 and California Rules of Court, Rule 5.44: The respondent must be served within 60 days of filing and has 30 days after service to file a response (60 days if served outside California)
8. California Family Code Sections 2100-2113 (California Legislative Information): Both parties to a California dissolution are required to exchange Preliminary Declarations of Disclosure regardless of whether the divorce is contested or uncontested
9. California Courts, Electronic Filing (eFiling) Information: California does not have a single statewide e-filing system for family law; participation varies by county and is available in Los Angeles, Sacramento, San Diego, and Alameda counties among others
10. California Family Code Section 297.5 (California Legislative Information): California registered domestic partners have the same rights and obligations as married spouses and may use FL-100 to dissolve a domestic partnership
11. California Courts, Judicial Council Forms: FL-100: FL-100 Petition for Dissolution of Marriage or Domestic Partnership is a mandatory Judicial Council form; outdated versions are rejected by court clerks