The California FL-100 Petition: what to include before filing

Petition, Marriage/Domestic Partnership (FL-100), starts a standard dissolution case. The spouse who files it is the petitioner. The other spouse is the respondent.

The petition identifies the marriage or domestic partnership, residency information, relevant dates, children, and requests about the issues to be decided. Those requests can involve support, property, debts, and child-related orders.

Completing the petition deserves careful review. A box left blank can matter as much as a typed answer. Do not assume that a later agreement automatically fixes every missing request. Get help if you do not understand what you are asking the court to do.

Check the requirements overview before completing the residency and grounds information.

1. Identify the case. Check the names, court, and marriage or partnership information against the documents you will use throughout the case.
2. Review residency. Apply the usual rule or the appropriate exception. Do not guess eligibility from where the wedding took place.
3. Check the dates and ground. Marriage and separation dates can affect more than the caption. The usual ground is irreconcilable differences.
4. Address children. Review the requested custody and support orders and the need for FL-105.
5. Identify property and debt requests. Use the appropriate additional space or property schedule rather than leaving an issue unintentionally unaddressed.
6. Review support and name requests. Understand what the selected requests mean, including any former-name restoration.
7. Sign only after reviewing the complete form. Check required boxes, attachments, and consistency with the other opening papers.

Common problems include using a superseded saved form, inconsistent names or dates, a missing attachment, or a request that does not reflect what the filer intends to ask for. Use current court forms and seek help with uncertain legal choices.

FL-120 remains relevant as the respondent’s form, and a blank copy accompanies the standard service set. That context does not turn the Petition into a response-only article. Read the service instructions for what happens after filing.

Summons (FL-110) accompanies the standard petition. It gives notice of the case and explains the response period. It also contains orders that should be read carefully.

The summons includes restrictions concerning matters such as property, insurance, and children. Do not treat it as administrative paperwork to discard once you know the case number.

The effect of particular orders and how to obtain an exception can require individual advice. This site does not interpret an order for your circumstances. If you have an urgent concern, contact the court self-help center or a lawyer.

Response, Marriage/Domestic Partnership (FL-120), sets out the respondent’s position. The general response period is 30 days after service. Read the papers and obtain help promptly rather than waiting for the other spouse to explain the deadline.

A response generally carries a separate first-paper filing fee. A fee waiver may be available. Not responding can lead to a default procedure, with consequences for participation in the case.

A default with agreement and a default without agreement are different. Do not assume that a verbal promise protects your interests. The uncontested guide explains why the existence of a signed agreement matters to the final procedure.

The opening documents must be delivered through the required procedure. The standard service packet includes a blank Response for the other spouse. Proof of Service of Summons (FL-115) records completed service.

Notice and Acknowledgment of Receipt (FL-117) belongs to a specific service method. A signed form and proper completion of the method matter. Do not assume an ordinary email or conversation does the same job.

In a standard case, service or the respondent’s appearance is also relevant to the 6-month minimum. The waiting-period guide explains which event starts that clock.

The joint petition route uses FL-700 and FL-710, with both spouses beginning together. It does not use initial service in the same way as a standard petition. Summary dissolution is another separate process using FL-800 forms.

If a joint petition is revoked, FL-720 and the appropriate amended standard papers may be needed. Follow the official instructions rather than treating all petition numbers as alternative covers for an identical packet.

No opening form is a final judgment. Financial disclosures, resolution of issues, and the final court package remain. See the full filing roadmap for what comes after the first papers.