Petition (Marriage/Domestic Partnership)
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File FL-100 with Ezel
Fill FL-100 with Ezel
AI-assisted intake, completeness review, and a court-ready PDF for FL-100 only. Print, sign in pen, file yourself.
What Ezel does with FL-100
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What is FL-100?
Starts a California family-law case to dissolve (divorce), legally separate, or annul (nullity) a marriage or domestic partnership. The petitioner files this with FL-110 (Summons) and pays the filing fee (or applies for a fee waiver on FW-001).
What happens if you miss the deadline: If residency requirement is not met, the court can convert the petition to a legal separation; the petitioner can amend to a dissolution once residency ripens.
How to file
- Filing fee
- First-appearance fee for a family-law petition is set by Cal. Gov. Code section 70670 and the Judicial Council uniform fee schedule. As of 2026 the fee is approximately $435-$450; check selfhelp.courts.ca.gov for the current amount. Pro se petitioners who cannot afford the fee file FW-001 (fee waiver) at the same time. The fee waiver covers the petition AND the response from the other side.
- Filing method
- in-person, mail, efile (county-specific; most California family-law courts accept e-filing)
- Filing deadline
- There is no deadline to file a divorce. Residency must be met at the time of filing for a divorce: at least one spouse has lived in California for 6 months and the filing county for 3 months (Family Code section 2320). After filing, the petitioner has 60 days to serve the respondent (a soft local-rule deadline; many counties enforce strictly via case-management orders).
- How to serve
- After filing, the petitioner must serve the respondent with FL-100 + FL-110 (Summons) + FL-105 (if minor children) by personal service or another statutory method (Code Civ. Proc. sections 415.10-415.50). The petitioner cannot serve themselves; a non-party adult or process server must serve. Service is documented on FL-115 (Proof of Service of Summons - Family Law).
- Wet signature
- Yes, sign in pen after printing.
- Notarization
- No
- Original and copies
- One original to the clerk plus 2 copies (one for the petitioner's records, one to be conformed and served on the respondent). Some counties require additional copies; check local rules.
Common pitfalls
Three highest-leverage checks for the AI review on FL-100. (1) Residency (item 2) MUST be checked for a divorce of marriage; the only exception is item 1b (CA-established domestic partnership). (2) UCCJEA: if item 4b indicates minor children, the petitioner MUST attach FL-105 (UCCJEA Declaration) per Family Code section 3429(a). (3) Date of separation (item 3) directly affects community property division because earnings and acquisitions after separation are separate property. Choose this date carefully and consistently with FL-150 income disclosures.
Don't memorize the rules. Ezel walks you through FL-100 field by field, flags what the AI review treats as a blocker, and renders a court-ready PDF.
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Caption must identify the attorney or self-represented party.
- Petitioner lists a married last name when intending to restore a former name. The caption should be the current legal name; restoration is a separate request (item 4 of the petition).
- Petitioner uses a nickname. Use the legal name from photo ID.
Attorneys only.
- Pro se filers fill this with their employer or 'self-represented'. Leave blank when not represented.
- Attorneys list only the lead partner without 'LLP' or 'PC'.
Attorneys only.
- Pro se filers type their CA driver's license number. Bar number is the State Bar of California license number; pro se filers leave blank.
- Out-of-state attorneys fill in their home-state bar number.
Caption address required. Domestic violence note: petitioners leaving abuse should consider Safe at Home or a friend's address.
- DV-affected petitioners list the address they are fleeing because that is the address respondent already knows. CA Safe at Home program (selfhelp.courts.ca.gov/family-law-safe-home) provides address confidentiality; consider that path before listing a vulnerable address.
- Filers list a P.O. box only and skip the street. Per Rule 2.111 the caption needs a physical or mail address.
Address part.
- Filers spell the city differently than the USPS standard.
- Filers list the county here instead of the city.
Address part. Defaults to CA.
- Filers spell out 'California' when the field expects 'CA'.
- Filers list a state different from where they receive mail.
Address part.
- Filers paste ZIP+4 with the dash; the form's narrow box may truncate the +4.
- Filers guess at a ZIP from memory.
Required.
- Filers list a phone they no longer use. The court calls this for hearing notifications.
- DV-affected petitioners list their personal cell when respondent has been calling and harassing. Use a number respondent does not have.
Optional in practice for self-represented filers.
- Filers paste an email they rarely check.
- Pro se filers worry a blank email gets the form rejected. It does not for paper filings.
Identifies who the filer represents.
- Pro se filers leave this blank or write 'myself'. Use 'Petitioner in Pro Per' so the court understands the role.
- Filers write 'Self' or 'Pro Se'. Use the CA convention 'in Pro Per' (in Propria Persona).
Must file in a county where at least one spouse has lived for 3+ months (for divorce). For DP established in CA, can file in any CA county.
- Petitioner files in their preferred county without checking residency. Family Code 2320 requires 6 months in CA + 3 months in the county; venue tied to where one spouse meets the residency.
- Filers add 'County of' when the form pre-prints 'COUNTY OF'.
Court street address.
- Filers list the courthouse name instead of the street address.
- Filers use an old courthouse address.
Optional; only when different from street.
- Filers fill this when the courthouse uses the same address for mail.
- Filers paste their own P.O. Box.
Court city and ZIP.
- Filers list only the city and skip the ZIP.
- Filers use the ZIP of an old courthouse location.
Branch name required for routing in counties with multiple courthouses.
- Filers leave this blank in counties with multiple branches (LA has 38+). Family-law cases are routed to specific family-law branches; an unfilled branch sends the case to the wrong courthouse.
- Filers type the courthouse's informal name instead of the official branch name.
Blank when filing the original petition; clerk assigns and stamps. Required on subsequent filings.
- Filers paste a case number they made up. FL-100 is the original petition; the case number is blank until the clerk assigns one at filing.
- Filers re-use a case number from a prior dissolution proceeding (re-marriage, re-petition). Each new petition gets a new case number; the prior number does not carry over.
Petitioner name on caption (you).
- Petitioner uses a married last name when intending to restore a former name. The caption is the current legal name; restoration request goes in item 4.
- Petitioner shortens or hyphenates inconsistently. Match photo ID character-for-character.
Respondent name on caption (your spouse/partner).
- Petitioner uses respondent's nickname or maiden name. Use respondent's current legal name on photo ID; if unsure, the marriage certificate is a fallback.
- Petitioner spells respondent's name differently across filings. Be consistent; the clerk matches names character-for-character.
Mutual-exclusive choice of dissolution, legal separation, or nullity. Must select one PLUS marriage-or-DP.
- Petitioner picks 'legal separation' because divorce feels too final, then later wants to convert to divorce. Conversion requires a new petition; pick the actual desired relief.
- Petitioner picks 'nullity' for a short marriage. Nullity has specific grounds (Family Code 2210, 2200); short duration alone is not a nullity ground.
Determines residency rules and which Family Code chapter applies. Item 1b (CA-established DP) waives residency.
- Same-sex couples who married after registering as DPs select 'domestic partnership' because that was first. Marriage and DP are separate statuses; if married, select 'marriage'.
- CA-only DPs pick 'marriage' thinking it is equivalent. CA-only DPs use a different residency rule (item 1b waives 6-month residency); pick the actual relationship.
At least one spouse must meet 6-month-CA + 3-month-county residency for a divorce. Petitioner or respondent (or both) checks the box. Failure to meet residency forces a legal separation as fallback.
- Petitioner files before meeting the 6-month CA + 3-month county requirement. The court dismisses for lack of residency; wait until the threshold is met.
- Petitioner in a CA-only DP panics because they do not meet residency. CA-only DPs (item 1b) waive residency under Family Code 299(d).
City and county where petitioner currently lives. Must align with the residency declaration.
- Petitioner lists a former address from before moving. Use current residence as of FL-100 filing date.
- Petitioner lists only the city without the county. The county determines venue.
City and county where respondent lives, if known. Helpful for service of process.
- Petitioner lists 'unknown' when respondent's address is reasonably ascertainable. Skip-trace or check public records first; service requires a real address.
- Petitioner lists respondent's work address. Use residence; service of summons is more reliable at home.
Date of marriage or registration of domestic partnership. Required to compute marriage length, which affects spousal support duration (Family Code section 4336).
- Petitioner uses the date of the wedding ceremony when the parties were first registered as DPs. Use the date of the relationship status the case is dissolving.
- Petitioner estimates because they do not have the certificate. Verify before filing; an inaccurate date affects community-property period.
Defined by Family Code section 70: a complete and final break in the marital relationship, with intent to end shown by both subjective and objective conduct. Choose carefully because earnings and debts after this date are separate property.
- Petitioner lists the date of moving out when intent existed earlier. Family Code 70 standard: complete and final break with both intent + objective conduct.
- Petitioner lists a date that maximizes (or minimizes) community-property accumulation. The date matters for property and is often litigated; pick the actual date and document.
Must check 4a (no children) or 4b (children listed). If 4b, FL-105 UCCJEA declaration is mandatory.
- Petitioner checks 'no children' to avoid custody issues when minor children exist. The court will learn; mis-stating creates contempt risk.
- Petitioner lists adult children. Item 4 is for minor children of the relationship only.
Required if children_status == yes_children.
- Petitioner lists adult children or stepchildren. Item 4 is for minor children of the relationship only.
- Petitioner uses the child's nickname.
Required if children_status == yes_children.
- Petitioner lists year only.
- Petitioner guesses.
Required if children_status == yes_children.
- Petitioner uses age at separation rather than current age.
- Petitioner fills age without filling birthdate.
Optional; for additional children.
- Petitioner leaves blank when 2+ children exist.
- Petitioner uses initials. Family Court uses full legal names.
Optional.
- Petitioner lists year only.
- Petitioner guesses.
Optional.
- Petitioner uses age at separation rather than current age.
- Petitioner fills age without filling birthdate.
Optional.
- Petitioner leaves blank when 3+ children exist.
- Petitioner omits adopted children.
Optional.
- Petitioner lists year only.
- Petitioner guesses.
Optional.
- Petitioner uses age at separation rather than current age.
- Petitioner fills age without filling birthdate.
Optional.
- Petitioner leaves blank when 4+ children exist.
- Overflow runs past four children; petitioner crams them into the last cell. Use Attachment 4b for 5+ children.
Optional.
- Petitioner lists year only.
- Petitioner guesses.
Optional.
- Petitioner uses age at separation rather than current age.
- Petitioner fills age without filling birthdate.
Almost every CA divorce is on irreconcilable differences. Permanent legal incapacity is rare.
- Petitioner picks 'permanent legal incapacity' for a spouse with mental health issues. Standard is incapacity to make decisions; ordinary mental health issues do not meet it.
- Petitioner leaves grounds blank thinking it is optional. Family Code requires a grounds declaration; almost always 'irreconcilable differences'.
Required only if children_status == yes_children. Joint legal custody is the default in California unless evidence shows it would not be in the children's best interest.
- Petitioner requests sole legal custody with no factual basis. Joint legal is the default; sole requires showing of unfit parent or significant decision-making conflict.
- Petitioner confuses legal custody (decision-making) with physical custody (where the child lives).
Required only if children_status == yes_children.
- Petitioner requests sole physical custody when the actual living arrangement is shared.
- Petitioner confuses physical custody with visitation.
Optional; for the parent who does not have primary physical custody.
- Non-custodial parent omits a visitation request. The court adopts the petitioner's proposal by default; specify the schedule.
- Petitioner requests 'reasonable visitation' as a placeholder. Not enforceable; specify days, times, exchange location.
Optional. If you want spousal support, mark Petitioner; if you intend to pay, mark Respondent.
- Petitioner who is the higher earner requests support. Support typically flows from higher to lower earner.
- Petitioner who could ask for support leaves it blank. Once filed without a request, restoring jurisdiction can be difficult; consider asking to 'reserve' if uncertain.
Optional. Terminating ends the court's jurisdiction to award support to that party in the future. Strategic.
- Petitioner terminates support reciprocally without legal advice. Termination ends jurisdiction; if circumstances change, the support cannot be revived.
- Petitioners in long marriages (10+ years) terminate support for the lower earner. Long-marriage spousal support requires careful analysis under Family Code 4336.
Optional; preserves the question for later.
- Petitioner reserves support indefinitely without intending to actually pursue it.
- Petitioner confuses 'reserve' with 'request'. Reserving keeps the question open; requesting asks the court to award now.
If checked, no FL-160 needed for separate property.
- Petitioner checks this when there IS separate property (premarital house, inheritance).
- Petitioner confuses separate (premarital, gift, inheritance) with community (acquired during marriage).
If checked, no community property to divide; if unchecked, community property must be listed (usually on FL-160).
- Petitioner checks 'no community property' when both spouses worked during marriage. Community property includes wages, retirement contributions, marital purchases.
- Petitioner leaves it unchecked but does not file FL-160 or FL-142.
Optional. Court will restore the petitioner's former name as part of the divorce judgment if requested.
- Petitioner forgets to check this and only realizes after judgment. Adding name restoration later requires a separate motion (Family Code 2080).
- Petitioner confuses 'restore former name' with 'change to a new name'. Restoration is to a previously-used legal name; new name change uses NC-100.
Required if restore_former_name is checked.
- Petitioner fills former_name without checking restore_former_name.
- Petitioner lists a name they never legally used. Restoration is to a previously-used legal name (maiden name, prior-marriage name).
Optional; for represented parties seeking fees from the other side.
- Pro se petitioner requests attorney fees. Family Code 2030 fees go to a represented party; pro se filers without counsel typically cannot recover.
- Represented petitioner requests fees but does not file a Request for Order (FL-300) with FL-150. The bare request on FL-100 is not enough.
Required date for the under-penalty-of-perjury declaration.
- Petitioner post-dates the signature thinking the form will be filed later.
- Petitioner signs before completing the form.
Printed name of declarant (the petitioner).
- Petitioner prints a nickname under the signature.
- Petitioner leaves the printed name blank.
Sources
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