What this form actually does
FL-100 is filed by the spouse or domestic partner starting the case (the petitioner). It identifies the marriage or partnership, states the date of marriage and date of separation, lists any children of the relationship, and tells the court what you're asking for — dissolution (divorce), legal separation, or nullity — along with the general orders you want regarding property, debts, and support.
Before you file
- Confirm residency requirements. California generally requires one spouse or partner to have lived in the state for a set period and in the filing county for a shorter period before filing for dissolution — legal separation doesn't require the same residency test. Check the current requirement, since it's a common reason cases get challenged early.
- Decide your case type. Dissolution ends the marriage; legal separation keeps you legally married while resolving property, support, and custody; nullity asks the court to declare the marriage never legally existed. Each has different requirements — nullity in particular requires specific legal grounds.
- Gather the separation date. This single date affects how community property and debts are divided, so pin it down as precisely as you can before filling out the form.
Filling it out, section by section
- Caption and case type. Check whether this is a marriage or domestic partnership, and select dissolution, legal separation, or nullity.
- Residence. State how long you and/or your spouse have lived in California and in the county of filing.
- Statistical facts. Marriage/partnership date, separation date, and length of the relationship — the court uses this to calculate things like spousal support duration guidelines.
- Children. List any minor children of the relationship. If there are children, you'll also need a separate declaration under the UCCJEA (form FL-105) addressing custody jurisdiction.
- Property and debts. Identify community and separate property/debts in general terms, and check the boxes for how you want them divided — the specifics get worked out later through disclosures and negotiation or trial.
- Requests. Check every type of order you're asking the court to make: property division, support, attorney's fees, name restoration, and more.
- Sign and file. File with the clerk along with the required Summons (FL-110) and pay the filing fee, or file FW-001 if you qualify for a fee waiver.
After filing: the case must be served on the other spouse/partner, and both sides are required to exchange preliminary financial disclosures (Judicial Council form FL-140 series) within set deadlines regardless of whether the case is contested — missing disclosure deadlines can delay judgment even in an uncontested case.
Common mistakes
- Guessing at the separation date instead of pinning down the actual date of permanent physical and emotional separation, which can be legally significant.
- Not realizing legal separation and dissolution have different implications for issues like health insurance and remarriage.
- Leaving property/debt sections vague when specific known assets should be listed.
- Forgetting the required financial disclosures — the case can stall even if both sides agree on everything.