Petition (Marriage/Domestic Partnership)
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File FL-100 with Ezel
Fill FL-100 with Ezel
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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 3409. (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.
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Caption must identify the attorney or self-represented party.
Attorneys only.
Attorneys only.
Caption address required. Domestic violence note: petitioners leaving abuse should consider Safe at Home or a friend's address.
Address part.
Address part. Defaults to CA.
Address part.
Required.
Optional in practice for self-represented filers.
Identifies who the filer represents.
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.
Court street address.
Optional; only when different from street.
Court city and ZIP.
Branch name required for routing in counties with multiple courthouses.
Blank when filing the original petition; clerk assigns and stamps. Required on subsequent filings.
Petitioner name on caption (you).
Respondent name on caption (your spouse/partner).
Mutual-exclusive choice of dissolution, legal separation, or nullity. Must select one PLUS marriage-or-DP.
Determines residency rules and which Family Code chapter applies. Item 1b (CA-established DP) waives residency.
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.
City and county where petitioner currently lives. Must align with the residency declaration.
City and county where respondent lives, if known. Helpful for service of process.
Date of marriage or registration of domestic partnership. Required to compute marriage length, which affects spousal support duration (Family Code section 4336).
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.
Must check 4a (no children) or 4b (children listed). If 4b, FL-105 UCCJEA declaration is mandatory.
Required if children_status == yes_children.
Required if children_status == yes_children.
Required if children_status == yes_children.
Optional; for additional children.
Optional.
Optional.
Optional.
Optional.
Optional.
Optional.
Optional.
Optional.
Almost every CA divorce is on irreconcilable differences. Permanent legal incapacity is rare.
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.
Required only if children_status == yes_children.
Optional; for the parent who does not have primary physical custody.
Optional. If you want spousal support, mark Petitioner; if you intend to pay, mark Respondent.
Optional. Terminating ends the court's jurisdiction to award support to that party in the future. Strategic.
Optional; preserves the question for later.
If checked, no FL-160 needed for separate property.
If checked, no community property to divide; if unchecked, community property must be listed (usually on FL-160).
Optional. Court will restore the petitioner's former name as part of the divorce judgment if requested.
Required if restore_former_name is checked.
Optional; for represented parties seeking fees from the other side.
Required date for the under-penalty-of-perjury declaration.
Printed name of declarant (the petitioner).
Sources
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