Form FL-100, Petition — Marriage, is used to start an uncontested divorce in the California courts. A divorce is uncontested if both parties want to divorce and agree on all the terms, such as property division and child custody. At least one of the spouses must have been a legal resident of the state for at least six months prior to filing Form FL-100, and you must also present Form FL-110, the Summons, at the time of filing Form FL-100.
Locate the correct California superior court. You must file Form FL-100 in the superior court of the county at least one spouse has lived in for the last three months or more. Visit the official website of the Judicial Branch of California to view a list of all superior court locations.
Fill out Form FL-100 carefully, according to the instructions provided with the form.
Attach supporting lists if needed. You must provide all information requested on Form FL-100, such as a list of all minor children involved, but you may need more room than some sections provide. Attach any such supplemental lists to the back of the form, making sure they are labeled with the corresponding item number. For example, Section 3b of the form is for a list of your minor children; if you have more minor children than lines on the form, you'd check the box "Continued on Attachment 3b," attach a paper with the information on children you couldn't fit on the form and label that paper "Attachment 3b." Make two copies of everything.
Obtain Form Fl-110, the Summons. Visit the official website of the Judicial Branch of California to download and print the form, or visit your county superior court to request a form. Review the form; the document contains information on what you can't and can do with marital assets while the divorce is pending. Complete all areas of the form except the case number, which you'll receive once you file. You need the names of both parties and must select the box indicating how you'll give notice to the other spouse, typically "as an individual." Make two copies.
Bring the original Form FL-100 with all attachments and Form FL-110 to the clerk's office of your California superior court. Bring a filing fee payment with you; the fee is $395 at the time of publication. File the forms, and follow all the clerk's instructions.
- Form FL-100
- Form FL-110
- Filing fee payment
Tips & Warnings
Use Form FL-160, Property Declaration, instead of an attachment if you have a large amount of marital debt and assets to list. Download and print the form from the Judicial Branch of California's official website or get the form from your superior county court.
Complete Form FL-105, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), if you have children under the age of 18 with your spouse.
Make sure all marital property and debt is included on Form FL-100.
References & Resources
- The Judicial Branch of California: Form FL-100 Instructions
- The Judicial Branch of California: Form FL-100
- The Judicial Branch of California: Form FL-110
- The Judicial Branch of California: Filing Your Case
- The Judicial Branch of California: Filing Fees
- The Judicial Branch of California: Find My Court (Superior)
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