5 Common Mistakes on Form FL-100 That Can Get California Divorce Filings Rejected

 

Form FL-100 is the first document filed in nearly every California dissolution, and it sets the foundation for everything that follows. Errors on FL-100 are rarely dramatic — they are usually small inconsistencies, unchecked boxes, or mismatched details — but they can cause the clerk to reject the filing, require an amended petition, or create complications later in the case. For attorneys and paralegals, catching these issues before filing is far easier than correcting them afterward.

This article highlights five common mistakes on FL-100 and practical ways to avoid them. It is a general overview, not legal advice, and form requirements can change — always work from the current version of the form.

Mistake 1: Getting Residency and the Filing County Wrong

California generally requires that at least one party has been a California resident for six months and a resident of the county of filing for three months immediately before the petition is filed. Limited statutory exceptions exist, so confirm with the supervising attorney if the facts are unusual.

This error often traces back to intake. A client may have recently moved, may live in one county and work in another, or may be unsure how long they have lived at their current address. A filing in a county where the residency requirement has not been met may be rejected or may be vulnerable to challenge.

How to avoid it:

• Collect the client’s address history for at least the past six months during intake
• Confirm the move-in date for the current county, not just the current address
• Check the residency boxes on FL-100 against the intake record before filing
• Flag any recent move to the supervising attorney before the filing package is finalized

Mistake 2: Inconsistent Dates in the Statistical Facts

The statistical facts section asks for the date of marriage or domestic partnership registration, the date of separation, and the length of time between them. These details should agree with each other and with the supporting records. A duration that does not match the dates entered is an easy error to make and an easy one for a clerk or opposing counsel to notice.

The date of separation deserves particular care. It can have significant consequences for how certain assets and debts are characterized, so it should be confirmed with the client and reviewed by the supervising attorney rather than estimated. If the parties disagree about the date, the attorney should decide how to approach it before the petition is filed.

How to avoid it:

• Verify the marriage or registration date against the certificate or registration record
• Calculate the time between the marriage date and the separation date and check that it matches what is entered
• Never guess at the separation date — flag any uncertainty to the supervising attorney
• Use the same dates consistently on every related form in the filing package

Mistake 3: Mismatched or Incomplete Information About Children

When the parties have minor children, the children’s section of FL-100 must be completed accurately and must agree with the UCCJEA declaration, FL-105. Common problems include indicating that there are no minor children when there are, listing a child’s name or date of birth differently on the two forms, or leaving out a child entirely.

Because FL-105 is jurisdictional, discrepancies between the two forms can cause more than a clerical delay. They can raise questions about which children are covered by the case and which court has authority over custody.

How to avoid it:

• Build the list of children once at intake, using each child’s full legal name and date of birth as shown on official records
• Prepare FL-100 and FL-105 together, not days apart
• Cross-check every child’s name and date of birth between the two forms before filing
• Confirm that FL-105 is attached whenever FL-100 indicates there are minor children

Mistake 4: Name, Caption, and Signature Problems

Party names on FL-100 should match exactly across every form in the filing package, including FL-105 and the summons, FL-110. Nicknames, missing middle names, maiden-name variations, and transposed letters are all common. The attorney information in the caption — name, State Bar number, address, telephone number, and email — should also be complete and correct.

Signatures are the other frequent trouble spot. A petition that is missing a required signature, or that has an incomplete caption, may be rejected by the clerk and returned for correction.

How to avoid it:

• Enter each party’s legal name once and reuse it across all forms rather than retyping it
• Proofread the caption, including attorney details, against the firm’s standard information
• Confirm that every signature the form requires is in place before the package leaves the office
• Use the same name format on FL-100, FL-105, FL-110, and any local forms

Mistake 5: Overlooking or Misapplying the Relief Requested

FL-100 includes boxes for the relief the petitioner is requesting, such as property division, spousal or partner support, attorney fees and costs, and restoration of a former name. These are easy to treat as routine check-the-box items, but they define what the petitioner is asking the court to do.

The choices matter. In default cases in particular, the relief a court can award may be limited to what was requested in the petition. Decisions such as whether to request spousal support or to reserve the issue should be made deliberately by the supervising attorney with the client’s goals in mind, not left blank or checked by habit. If something important is omitted, an amended petition may be needed, which adds time and cost.

How to avoid it:

• Review each relief box against the client’s stated goals before filing
• Have the supervising attorney confirm decisions about support, fees, and reservation of issues
• If restoration of a former name is requested, confirm the exact name to be restored
• Do not leave a relief section blank unless that is a deliberate decision

A Pre-Filing Checklist for FL-100

Before an FL-100 filing package goes to the court, run through the following:

• Current version of FL-100 confirmed at courts.ca.gov
• Residency and filing county confirmed against the intake record
• Marriage or registration date, separation date, and elapsed time all consistent
• Children listed identically on FL-100 and FL-105, and FL-105 attached if there are minor children
• Party names identical across FL-100, FL-105, and FL-110
• Attorney information complete and all required signatures in place
• Requested relief reviewed and approved by the supervising attorney
• Filing fee addressed, or a fee waiver request (FW-001) prepared if applicable
• County-specific or local requirements checked with the court

What Happens If FL-100 Needs to Be Corrected

If the clerk rejects a filing, the package is typically returned with a reason so it can be corrected and resubmitted. If an error is discovered after the petition has been filed and accepted, the fix may involve an amended petition, which can affect timing and, if the petition has already been served, may require additional service. Practices vary by court, so confirm the correct procedure with the supervising attorney and the court clerk.

For a full walkthrough of each section of the form, see our step-by-step guide to completing FL-100. For the broader process, see our guide to filing for divorce in California.

How SuperDocs Can Help

SuperDocs is a California court form platform designed for attorneys and paralegals. No lengthy setup, no forms about forms — just open a CJC court form and start typing. Shared case details are available as you work, and information entered on one form can be reused across related forms in the same matter. Checkboxes, dates, assets, and other details are organized in a structured workflow to help reduce the risk of missing information.

For FL-100 filings, party names, children’s details, dates, and case information entered once are available across FL-105, FL-110, FL-115, and related forms in the same case — which helps reduce the kind of cross-form inconsistencies described in this article.

Spend less time on re-entry, more time on the case.

• Open any court form and start typing — no lengthy setup required
• Shared case details and contacts are available across related forms — enter data once and reuse it throughout the case
• Assets, dates, and case details tracked and reused across the entire case
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