Understanding the FL-100 Form: Your First Step in California Divorce
The FL-100 is the form that starts a California divorce. Here's what it is, why it matters, and how to fill it out without costly mistakes.
By Anna Naidis
If you're starting the divorce process in California, you've probably heard about the infamous FL-100 form. This seemingly innocent document is actually your formal petition for dissolution of marriage—and your first major step toward legally ending your marriage.
But what exactly is this form, why is it so important, and how do you fill it out without making costly mistakes? Let's break it down in plain English.
What is the FL-100 Form?
The FL-100 (Petition for Dissolution of Marriage) is the primary document you file to start a divorce in California. It tells the court your basic information, what you're asking for, and establishes the legal grounds for ending your marriage. Think of it as your formal request to the court system to dissolve your marriage.
The verification makes this a sworn statement to the court — take it seriously.
Common Mistakes to Avoid
- Incorrect jurisdiction: Filing in the wrong county can cause delays and complications.
- Wrong date of separation: This can significantly impact property division.
- Incomplete children's information: The court takes child-related matters very seriously.
- Failing to address spousal support: If you don't address it now, it could come back later.
- Vague property descriptions: Be as specific as possible about assets and debts.
- Missing attachments: If you need more space, use the proper attachment forms.
What Happens After You File?
Once you file the FL-100 form (along with other required documents like the FL-110 Summons), you'll need to:
- Have the papers legally served on your spouse
- Wait for your spouse's response (they have 30 days to respond)
- Complete preliminary financial disclosures
- Proceed with either a settlement or court hearings
The entire process from filing to final judgment typically takes at least six months in California due to the mandatory waiting period, but can take much longer depending on the complexity of your case and how well you and your spouse cooperate.
Key Takeaways
- The FL-100 is your formal petition to start a divorce in California
- It covers basic information, children, support, and property division
- Be especially careful with dates, jurisdiction, and support requests
- This is just the first step — more forms and disclosures will follow
- Consider getting help from Aparti to ensure your form is complete and accurate — mistakes can be costly and time-consuming to fix
Frequently asked questions
- The FL-100 (Petition for Dissolution of Marriage) is the primary document you file to start a divorce in California. It tells the court your basic information, what you're asking for, and establishes the legal grounds for ending your marriage.
- Because of its verification, the FL-100 is a sworn statement to the court, so it should be taken seriously. It covers basic information, children, support, and property division, the foundation of your case.
- Common errors include filing in the wrong county, listing the wrong date of separation, leaving children's information incomplete, failing to address spousal support, using vague property descriptions, and missing required attachments.
- After filing the FL-100 along with documents like the FL-110 Summons, you have the papers legally served on your spouse, wait up to 30 days for their response, complete preliminary financial disclosures, and then proceed with either a settlement or court hearings.
- The process from filing to final judgment typically takes at least six months due to California's mandatory waiting period, but it can take longer depending on the complexity of the case and how well the spouses cooperate.
- An incorrect date of separation can significantly impact property division, which is why the article flags it as one of the costly mistakes to avoid when completing the form.