The FL-100 is the first form you will need in order to start your divorce. It applies equally to those who are married and those who are domestic partners.
- First, you will find a box labeled attorney or party without attorney.
- Provide your name and address, where domestic violence is involved, you may be able to keep your address confidential. Please talk to an attorney and someone at your local courthouse to get more information if you want to keep your address confidential.
- Next, provide your telephone number.
- You may also provide your email address. Where it says attorney for, you write in-pro per or self-represented. This lets the court know you do not have an attorney.
- Where it says petitioner, you put your name.
- The respondent is your spouse. This means that you are the person initiating the divorce, while your spouse is the person responding.
- If you're filing for divorce, check the dissolution box.
- If you want a legal separation, check that box.
- A Nullogy which is getting a marriage annulled, is rare, and if an annulment applies to you please speak with an attorney.
- If you're married, check the marriage box.
- If you're domestic partners, check that box.
- Item one, check the appropriate boxes for your relationship.
- Item two, if you have lived in California for at least six months, and your county for at least three months, check box (a.) If you have not seen an attorney for your options.
- Option (b.) is for same-sex couples who were married in California but can get divorced where they live now.
- Option (c.) is for couples who became domestic partners but do not live here.
- Item three gives the date you were married then provides the date of separation. For example, many people use the date that one spouse moved out of a shared residence as the date of separation. Then calculate how long you were married and fill that in.
- Item four, if your children are over 18 and come from a relationship prior to your marriage, check box (a.) and skip the rest of the section as well as items six and seven. If you have children from your marriage who are under the age of 18, you need to fill this section out. Give the full names and the birthdays of your children along with their age and sex. If you or your spouse is pregnant, check box (b.) 2. If you have more than four children continue the list on a separate piece of paper labeled with what item you are answering. If you and your spouse sign a document called a volunteer or declaration of paternity at the time of your child was born check box (d.) This is most common for couples who had children prior to marrying.
- Item five, most people use part (a.), if you think parts (b.) or (c.) apply to you, please talk to an attorney. For part (a.) check the appropriate box for divorce, legal separation. Most people use irreconcilable differences as there is a reason for the divorce. If you think that permanent incapacity to make decisions applies as a reason, please talk to an attorney.
- Item six, legal custody over children is the right to make decisions for them such as: where they will go to school, medical decisions, and religious decisions. Physical custody is where the children primarily live. So legal custody means that parents gets to make decision by themselves without having to have an agreement of the other parent. Sole physical custody means that the children live with that parent. Joint custody means that both parents share in decision-making or where the child lives. Check the boxes that represent what you would like to have happen while the divorce is going on and when it is over. Child visitation is the time that the other parent will spend with the children. You will still need to work out when the child spends time with each parent. Please see my YouTube video on visitation for more information.
- Item seven, this section is to provide you with information about what to expect the court to do relating to child support. Please see my YouTube video on child support for more details.
- Item eight, spousal support is what is sometimes referred to as alimony. This is money paid by one spouse to another to help them maintain their standard of living and support themselves. Please see my YouTube video on spousal support for more information.
- Part (a.) asks whether you would like to have support paid to you or your spouse.
- Part (b.) asks the court to end its ability to give support to you or your spouse. If you don't want the court to be able to give your spouse support, check the respondent box in part b.
- Part (c.) asks the court to leave the issue of support to be determined later on.
- Item nine and ten, separate property is property that you or your spouse own individually. This is likely to be property and income from before your marriage or from after your date of separation. Community property is property that is from your marriage. This is likely to be property and income that was acquired during your marriage. This includes property located outside of California. If there is a minimal property to be listed for either category, put it on this form. If there is more use, form FL-160, covered in a separate YouTube video. Another option is to put “to be determined.” This gives you more time to figure it out what property you have and how it should be categorized. If you want your spouse to pay for your attorney's fees, here's where you ask. If you change your name when you're married, you can ask to have it restored to your previous name here.
- Finally, item 12. This is where you will send the petition. Please be sure to read the summons FL-110 because it contains limitations on what you're able to with property, assets, income, and on moving your children once you file for divorce. It is very important that you read this form thoroughly. Please also be sure to read the notices at the bottom of item 12 which contains important information about what may happen once you file for divorce.
- This concludes the process how to fill out FL-100.
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