California Family Law Filing Checklist (FL-100 Series)

Court: Superior Court of California, County of [________________________________]

Case Number: [________________________________]

In re Marriage/Domestic Partnership of:
Petitioner: [________________________________]
Respondent: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Jurisdictional Requirements

Residency Requirements for Dissolution

☐ California residency: 6 months before filing
☐ County residency: 3 months before filing in that county
☐ Exception: Legal separation has no residency requirement
☐ Exception: Nullity has no residency requirement

Domestic Partnership Dissolution

☐ Registered in California: No residency requirement if registered here
☐ Out-of-state registration: 6-month California residency required

II. Case Type Selection

☐ Dissolution of Marriage (divorce)
☐ Legal Separation
☐ Nullity of Marriage (annulment)
☐ Dissolution of Domestic Partnership
☐ Legal Separation of Domestic Partnership
☐ Nullity of Domestic Partnership

III. Required Forms - Initial Filing

Petition Package

☐ FL-100: Petition—Marriage/Domestic Partnership
☐ Petitioner information complete
☐ Respondent information complete
☐ Residency allegations (Section 2)
☐ Grounds (irreconcilable differences or incurable insanity)
☐ Property requests (Section 5)
☐ Spousal support requests (Section 6)
☐ Separate property declarations
☐ Date of marriage/separation
☐ Signed by petitioner

☐ FL-110: Summons (Family Law)
☐ Automatic Temporary Restraining Orders (ATROS) included
☐ Notice of rights and responsibilities

☐ FL-105/GC-120: Declaration Under UCCJEA
☐ Required if minor children
☐ Child custody jurisdiction information
☐ Children's residence history (5 years)
☐ Information about other custody proceedings

☐ FL-115: Proof of Service of Summons (to be filed after service)

Additional Required Forms

☐ Confidential Cover Sheet (local form if required)
☐ Case Cover Sheet (local form if required)

IV. Optional/Case-Specific Forms

Property and Support

☐ FL-150: Income and Expense Declaration
☐ Required for support requests
☐ Required before court hearings on support

☐ FL-142: Schedule of Assets and Debts
☐ Community property listed
☐ Separate property listed
☐ Debts listed

Children

☐ FL-311: Child Custody and Visitation Application Attachment
☐ FL-341: Child Custody and Visitation Order Attachment
☐ FL-350: Stipulation and Order for Custody and/or Visitation

Restraining Orders

☐ FL-300: Request for Order (for temporary orders)
☐ FL-305: Temporary Emergency Orders
☐ DV-100 series (if domestic violence restraining order)

V. Filing Fee and Fee Waivers

Filing Fee

☐ First filing fee: Approximately $435-$450 (varies by county)
☐ Fee paid by: [________________________________]

Fee Waiver

☐ FW-001: Request to Waive Court Fees
☐ FW-001-INFO: Information Sheet
☐ Income documentation attached
☐ Fee waiver granted: ☐ Yes ☐ No ☐ Pending

VI. Service Requirements

Personal Service Required

☐ Personal service of Summons and Petition
☐ Server must be 18+ and not a party
☐ Service completed: [__/__/____]

Proof of Service

☐ FL-115: Proof of Service of Summons
☐ Filed after service completed
☐ Original filed with court

Response Deadline for Respondent

☐ 30 days from date of service to respond

VII. Preliminary Declarations of Disclosure (Family Code § 2104)

Petitioner's Preliminary Disclosure

☐ FL-140: Declaration of Disclosure
☐ Served on respondent (NOT filed with court)
☐ FL-142: Schedule of Assets and Debts
☐ FL-150: Income and Expense Declaration
☐ Tax returns for prior 2 years (attached)

Timing

☐ Must be served within 60 days of filing petition
☐ Or at time of service of summons and petition

Declaration of Service

☐ FL-141: Declaration Regarding Service of Declaration of Disclosure
☐ Filed with court

VIII. Response (FL-120)

If Respondent Files Response

☐ FL-120: Response—Marriage/Domestic Partnership
☐ FL-105/GC-120: UCCJEA Declaration (if children)
☐ Response filed within 30 days of service
☐ Respondent's preliminary disclosure due

Default Proceedings (if no response)

☐ Wait for response deadline to pass
☐ File Request to Enter Default (FL-165)
☐ Complete default judgment package

IX. Temporary Orders (Request for Order)

FL-300: Request for Order

☐ Temporary child custody
☐ Temporary visitation
☐ Temporary spousal support
☐ Temporary child support
☐ Attorney fees
☐ Property control orders

Supporting Documents

☐ FL-150: Income and Expense Declaration (current)
☐ FL-155: Financial Statement (Simplified)
☐ Declaration in support
☐ Proposed order

Hearing

☐ Hearing date: [__/__/____]
☐ 16 court days notice required
☐ Responsive declaration due 9 court days before

X. Child Custody and Visitation

Mandatory Mediation

☐ Family Court Services/Mediation required
☐ Mediation appointment: [__/__/____]
☐ Orientation completed (if required)

Custody Evaluation

☐ Minor's counsel (if appointed)
☐ Custody evaluation ordered: ☐ Yes ☐ No

Parenting Plans

☐ FL-311: Child Custody and Visitation Application Attachment
☐ Proposed parenting schedule
☐ Holiday schedule
☐ Decision-making provisions

XI. Child Support

Guideline Support Calculation

☐ FL-150: Income and Expense Declaration
☐ FL-155: Financial Statement (simplified)
☐ DissoMaster or other guideline calculator used
☐ Calculated guideline support: $[________________]/month

Required Information

☐ Both parties' income
☐ Time-share percentage
☐ Tax filing status
☐ Deductions
☐ Child care costs
☐ Health insurance costs

XII. Spousal Support

Temporary Support

☐ Based on need and ability to pay
☐ Often calculated using county guidelines
☐ FL-150 required

Permanent Support Factors (Family Code § 4320)

☐ Marital standard of living
☐ Supporting party's ability to pay
☐ Needs of each party
☐ Obligations and assets
☐ Duration of marriage
☐ Age and health
☐ Other factors documented

XIII. Property Division

Community Property Identification

☐ Real property
☐ Bank accounts
☐ Retirement accounts (QDRO may be needed)
☐ Vehicles
☐ Business interests
☐ Debts

Separate Property Identification

☐ Property owned before marriage
☐ Gifts and inheritances
☐ Tracing documentation

Valuation

☐ Appraisals obtained
☐ Valuation date determined

XIV. Final Disclosure (Family Code § 2105)

Final Declaration of Disclosure

☐ FL-140: Declaration of Disclosure
☐ FL-142: Schedule of Assets and Debts (updated)
☐ FL-150: Income and Expense Declaration (current)
☐ Served on other party
☐ FL-141: Declaration Regarding Service filed with court

Waiver of Final Disclosure

☐ FL-144: Stipulation and Waiver of Final Declaration of Disclosure
☐ Both parties sign
☐ Filed with judgment

XV. Judgment

Default Judgment (uncontested, no response)

☐ FL-165: Request to Enter Default
☐ FL-170: Declaration for Default or Uncontested Dissolution
☐ FL-180: Judgment
☐ FL-190: Notice of Entry of Judgment

Uncontested Judgment (both parties agree)

☐ FL-180: Judgment
☐ FL-190: Notice of Entry of Judgment
☐ Marital Settlement Agreement
☐ Both parties' signatures

Contested Judgment

☐ Trial required
☐ FL-180: Judgment prepared after trial
☐ FL-190: Notice of Entry of Judgment

XVI. Six-Month Waiting Period

☐ Dissolution not final until 6 months after service
☐ Service date: [__/__/____]
☐ Earliest effective date: [__/__/____]
☐ Status-only judgment available before property/support resolved

XVII. Quality Control Checklist

Before Filing

☐ All forms completed accurately
☐ Residency requirements met
☐ All required forms included
☐ Filing fee ready
☐ Copies made

After Filing

☐ Service arranged
☐ Disclosure deadline calendared
☐ Response deadline calendared
☐ Hearing dates calendared

XVIII. Document Tracking Log

XIX. Key Deadlines

Sources and References

• California Courts Family Law Self-Help: https://selfhelp.courts.ca.gov/family
• Judicial Council Forms: https://www.courts.ca.gov/forms.htm
• California Family Code: https://leginfo.legislature.ca.gov

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]