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California Family - Petition to Initiate Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.
Family Law, Divorce
California Family - Petition to Initiate DivorceThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
The FL-100 Divorce Petition form is essential at the commencement of the divorce or legal separation process in California. This document signifies the formal request to end a marriage or domestic partnership, including options for dissolution, nullity, or legal separation for _married, registered domestic partners, or both_. Before reaching the point of filing the FL-100, individuals typically engage in discussions about their decision to divorce or separate and may have attempted marital counseling or alternative dispute resolution processes.
- Consider filing a Preliminary Declaration of Disclosure.
- Ensure you have completed the Declaration Regarding Child Custody if applicable.
- Understand residency requirements have been fulfilled.
The need for the FL-100 is usually triggered by one party's decision to legally formalize the ending of a marriage or partnership. It lays the foundation for court proceedings addressing issues such as spousal support, child custody, and division of property and debts. Filing this petition is a critical step that sets in motion the legal mechanisms for resolving marital or partnership matters officially.
- Determine Eligibility: Ensure you meet the residency requirements by being a resident of California for at least six months and the filing county for at least three months.
- Complete the Form: Fill out the FL-100 form accurately, providing information on marriage/partnership, children, and property.
- File with Court: Submit the completed form at the Superior Court of California in the county where you or your partner live.
- Serve Documents: Serve copies of the filed form to your spouse/domestic partner following California's legal procedures.
- Pay Filing Fees: Pay the required filing fee when submitting the documents, or apply for a fee waiver if eligible.
Restraining Orders Notice
Read the restraining orders on the back of the summons carefully, as they automatically apply once the petition is filed. These orders typically prevent either party from selling property, changing insurance policies, or taking minor children out of the state, among other restrictions.
Domestic Partner Jurisdiction
If your domestic partnership was NOT established in California, be aware that you still need to meet California's jurisdictional requirements for filing for divorce. Make sure to verify the state laws applicable to your domestic partnership if it was established elsewhere.
Residency Requirement
At least one of you must have been a resident of California for six months and of the county where you are filing for divorce for at least three months. This is a mandatory requirement for filing a divorce petition in California unless your domestic partnership was established inside the state.
Legal Grounds Selection
When selecting irreconcilable differences as the ground for divorce, understand that you do not need to provide detailed reasons. Simply stating that the marriage has irretrievably broken down suffices for the court to grant a divorce under this no-fault ground.
Spousal Support Termination
Choosing to terminate the court's ability to award spousal support can have long-term financial implications. Consider seeking legal advice to understand the possible financial outcomes before making this decision.
Separate Property Listing
If you have assets or debts to be claimed as separate property, you must list them explicitly here or in an attached Property Declaration form. Remember, separate property is typically what was owned before the marriage or inherited/gifted during the marriage.
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1
Serve the FL-100 Petition and Summons to the Respondent. Ensure that this is done by someone who is not a party to the case and is 18 years or older.
2
Complete and file a Proof of Service of Summons (Form FL-115) with the court to verify that the Respondent was properly served.
3
Wait for the Respondent to file a Response (Form FL-120) within 30 days after service. If no response is filed, you may request a default judgment.
4
If the Respondent files a response, you and the Respondent must complete and serve each other with Preliminary Declarations of Disclosure (Form FL-140).
5
Consider attending court-directed mediation or another form of alternative dispute resolution to address any contested issues, such as child custody or property division.
