How to Fill Out Form FL-100 in California: A Step-by-Step Attorney Guide

How to Fill Out Form FL-100 in California: A Step-by-Step Attorney Guide

 

Disclaimer

This article is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Court forms, filing requirements, and procedures are subject to change. Always verify current form versions at courts.ca.gov and consult a licensed California attorney for guidance specific to your situation. Reading this article does not create an attorney-client relationship with SuperDocs or any attorney.

 

If you practice family law in California, Form FL-100 — the Petition for Dissolution of Marriage or Domestic Partnership — is the document that starts it all. It is the first form filed in every California divorce case, and getting it right matters. A single error can delay proceedings, trigger a rejection from the clerk’s office, or create complications that frustrate your client from day one.

This guide walks through every section of FL-100, explains what each part requires, highlights the most common mistakes attorneys and paralegals make, and offers guidance on completing it accurately every time.

 

What Is Form FL-100?

Form FL-100 is the California Judicial Council (CJC) Petition for Dissolution of Marriage, Legal Separation, or Nullity. It is filed by the Petitioner — the spouse or domestic partner initiating the proceeding — and served on the Respondent along with a Summons (FL-110) and, where children are involved, Form FL-105 (the UCCJEA Declaration).

FL-100 establishes the legal foundation of the case. It tells the court who the parties are, the grounds for dissolution, whether children are involved, and what orders the Petitioner is requesting regarding property, support, and custody.

 

Before You Begin: What You Need

•     Client’s full legal name and the Respondent’s full legal name

•     Date and place of marriage or domestic partnership registration

•     Date of separation

•     Names and dates of birth of all minor children of the relationship

•     The county in which you are filing

•     A clear understanding of what relief your client is requesting

 

Section-by-Section Walkthrough

Caption Block (Top of Form)

Fill in the Superior Court county, petitioner name, respondent name, and case number if one has already been assigned. Leave the case number blank on the initial filing — the clerk’s office assigns it upon filing.

Item 1 — Residence (Domicile)

Check the appropriate box to confirm that the petitioner or the respondent has been a resident of California for at least six months and a resident of the filing county for at least three months immediately prior to filing. California courts generally require both residency requirements to be satisfied before accepting a dissolution filing.

Common Mistake: Filing in the wrong county. Confirm your client’s county of residence carefully — if they recently moved, the three-month county residency clock resets.

Item 2 — Statistical Facts

Enter the date and place of marriage or domestic partnership registration. For date of separation, enter the date the parties consider themselves to have permanently separated. If there is any uncertainty about the correct date, consult a licensed California family law attorney — the separation date can have implications for how certain assets and debts are treated.

Item 3 — Declaration Regarding Minor Children

Check the appropriate box: there are no minor children of this relationship; there are minor children and FL-105 is attached; or the wife may be pregnant. If children are involved, FL-105 (UCCJEA Declaration) must be completed and attached — this is a mandatory companion form.

Important: If the petitioner checks that minor children exist but FL-105 is not attached, the filing will generally be rejected by the clerk. Always prepare both forms together.

Item 4 — Separate Property

Confirm that there is or is not separate property to be confirmed. For complex estates with significant separate property, a full Property Declaration (FL-160) will generally be needed as a separate attachment.

Item 5 — Declaration Regarding Community and Quasi-Community Assets and Debts

Check whether there are or are not community or quasi-community assets and debts to be divided. In cases with significant marital assets, check the box indicating that a property declaration is attached.

Item 6 — Support

Check the boxes for any support orders the petitioner is requesting: spousal or partner support for petitioner, support of minor children per a court order, or an earnings assignment. If support is being requested, FL-150 (Income and Expense Declaration) will generally need to be completed as a companion form.

Item 7 — Attorney Fees and Costs

Check this box if the petitioner is requesting that the respondent contribute to attorney fees and costs. This is common in cases with a significant income disparity between the parties.

Item 8 — Other Requests

Check all applicable boxes for additional relief: dissolution of the marriage, legal separation, nullity, property division per FL-160, restoration of former name, and any other orders. The petitioner’s name restoration request is included here — confirm the exact former name to be restored.

Signature Block

The form must be signed by the petitioner and by the attorney. Ensure the attorney’s name, State Bar number, address, and phone number are correctly populated in the caption. Missing attorney information is one of the common reasons for clerk rejection.

 

Most Common FL-100 Errors

1.   Filing in the wrong county — verify the three-month residency requirement

2.   Incorrect date of separation — verify the date carefully with your client, as it can affect how certain assets and debts are categorized

3.   Missing FL-105 when children are involved — always attach at the same time

4.   Blank case number field after assignment — update before serving the respondent

5.   Inconsistent party names — names on FL-100 must match exactly on all companion forms

6.   Missing or incomplete attorney information in the caption

 

Companion Forms Filed with FL-100

FL-100 is rarely filed alone. The standard filing package for a dissolution with children includes:

•     FL-110 — Summons (served on the respondent)

•     FL-105 — UCCJEA Declaration (required when minor children are involved)

•     FL-115 — Proof of Service of Summons (filed after service is complete)

•     FL-150 — Income and Expense Declaration (required for support orders)

•     FL-160 — Property Declaration (for cases with significant assets)

 

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 fill in as you go, and information entered on one form is available across related forms in the same matter. Checkboxes, dates, assets, and other details are tracked behind the scenes so nothing gets missed.

For FL-100 filings, party names, case details, and child information entered once are available across FL-105, FL-110, FL-150, and related forms in the same case.

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

•     Review and edit any field before printing or downloading

•     Save client profiles for use throughout the lifecycle of the case

 

 

Ready to Get Started with SuperDocs? Open any CJC court form and start typing. Try it free for 7 days — no payment required.  Get Started Free at superdocs.com

 

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