Starting a divorce in California begins with one small—but mighty—document: the Petition (Form FL-100). This three-page form opens your case and sets the tone for everything that follows. If you’re parenting a child with special needs, clarity and accuracy here will save you stress later when you’re finalizing a parenting plan, sharing costs for therapies, or coordinating school supports.
Below is a practical, plain-English walkthrough, written to match how the courts actually work—so your forms get accepted and your case keeps moving.
First things first: the petition is not the only form
To open your case you’ll file FL-100 (Petition) and FL-110 (Summons). If you have minor children, you’ll also file FL-105 (UCCJEA Declaration). Some counties require additional local forms.
- California Courts overview: Divorce or Legal Separation—Self-Help
- Find and download family-law forms: California Courts Forms—Family Law
- Los Angeles filing locations tool (helpful example): LA Superior Court—Filing Court Locator
Caption & contact info: make it consistent, everywhere
At the top of FL-100, list your:
- Full name, mailing address, phone, and email
- “Attorney for”: write “self-represented” or “in pro per”
- Court information (county, street address, branch)
Choosing the right courthouse
Every county assigns family cases to specific courthouses. LA County offers a helpful ZIP-code tool; other counties provide location charts. Take a minute to confirm you’re filing in the right place—wrong venue can mean re-filing later.
Names matter
Decide how you’ll write each person’s name (first–middle–last or first–last) and use that exactly the same on every form. Inconsistencies cause rejections.
Marriage or domestic partnership? Residency? Dates?
On page 1 you’ll check:
- Dissolution (divorce) or Legal separation
- Marriage and/or Domestic partnership (check both if both apply)
- Residency: confirm the California and county requirements are met
- Date of marriage and date of separation (and total years/months married)
About the date of separation
It can be the day someone clearly said “I want a divorce,” the date someone moved out and you stopped acting as a married couple, or (if you aren’t sure) the date you complete the petition. People do dispute this later. Do your best and be prepared to discuss it if needed.
Children: accuracy prevents headaches
List each minor child’s full legal name and birthdate. Double-check spelling and U.S. date format (MM/DD/YYYY). If the petition shows “5/04” but you meant “4/05,” your judgment can be delayed while you fix it.
Because you have children, you must also file FL-105 (UCCJEA) listing where the children have lived for the last five years and with whom: FL-105—UCCJEA.
If your child was born before the marriage (FL-100 item about parentage)
There’s a checkbox referencing a Voluntary Declaration of Parentage/Paternity (VDOP). If you signed one at the hospital (common for unmarried parents), attach a copy if you have it. If you never signed a VDOP, a birth certificate is not the same thing—note the facts now and address documentation again when you finalize.
Grounds and basic requests
California is a no-fault state. Check “irreconcilable differences.” The “permanent legal incapacity to make decisions” box is rarely appropriate unless there is a true, supported incapacity.
Legal and physical custody: slow down here
Think before you check. Many parents select joint legal and joint physical custody, but any request should reflect your child’s needs and safety. If you intend to ask for sole custody, recognize that it can escalate conflict and should be discussed in mediation or with counsel.
For parenting plan guidance: California Courts—Parenting.
Child support & spousal support boxes
It’s common to leave child support blank on the petition and calculate it later (after financial disclosures). For spousal/partner support, you’ll indicate for each of you whether support is requested, reserved (decided later), or terminated (no right to support). Choose the option that matches your likely reality—reserving keeps options open while you gather information.
Property sections (Items 9 & 10): the one place to be vague
These sections ask about separate property and community property. Here’s the trap: listing a specific item (e.g., “1983 Volkswagen Bug”) in the petition and then not mentioning it in your final judgment can cause a rejection months later—even if the car was sold or totaled.
Do this instead:
- Use general language in the petition (“All assets and debts acquired during marriage to be divided by subsequent agreement,” “Petitioner’s separate property includes all assets acquired before marriage, after date of separation, and by gift/inheritance; details to follow in disclosures”).
- Save the specific itemization for Step 2 financial disclosures (FL-142 or FL-160) and your final agreement.
This approach keeps your case flexible and reduces avoidable rejections.
Attorney’s fees & former name
- Attorney’s fees applies to attorneys only (not mediator, LDA, or online service fees).
- Name restoration is to restore a former legal name (not create a brand-new name). If you want your former name restored, write it exactly as it should appear.
Sign, date, review—then file the companion forms
Before you file:
- Review names, dates, and boxes for consistency.
- Prepare FL-110 (Summons) and FL-105 (UCCJEA) if you have children.
- Check your county’s local forms requirements.
Official references:
- FL-100—Petition
- FL-110—Summons
- FL-105—UCCJEA
After filing: serve correctly to start the clock
You cannot serve your own papers. Have an adult who is not a party serve, or use:
- Mail with Notice and Acknowledgment of Receipt (FL-117) if cooperation is likely
- A registered process server or, in some counties, the sheriff
The server completes Proof of Service (FL-115) with the date, time, and location of service (even “Starbucks at…”) and signs it. You can file it for them, but they must sign.
- Service basics: Serve Divorce Papers—California Courts
- FL-115—Proof of Service
- FL-117—Notice and Acknowledgment of Receipt
Your spouse then has 30 days to respond (FL-120). Courts often accept late responses, but proper service starts the six-month waiting period and keeps your case on track.
For parents of children with special needs: set yourself up for Step 2
Step 2 is financial disclosures (income, assets, debts, ongoing child-related costs). Start gathering:
- Two months of pay stubs, last two years of tax returns
- Statements for bank, retirement, credit, and loans
- Logs or receipts for uninsured medical, therapies, after-school care, or specialized supports
Clear documentation now makes mediation smoother later—so your parenting plan, cost-sharing, and school communication agreements reflect real life. For special education information and advocacy tips, see WrightsLaw.
Common petition mistakes that cause slowdowns
- Inconsistent names or date formats across forms
- Forgetting FL-105 (UCCJEA) when children are involved
- Over-itemizing property on the petition (then omitting items in the judgment)
- Checking support boxes that don’t match your likely plan
- Filing at the wrong courthouse for your ZIP code
Fixing these later costs time. A careful first pass saves you weeks.
Quick checklist before you file
- FL-100 complete, signed, and dated
- FL-110 prepared
- FL-105 attached (if children)
- Local county forms attached (if required)
- Copies made for service and for your records
Want a calm, faster start?
If you’d like a second set of eyes on your petition—or help choosing the right boxes so you aren’t fixing avoidable issues later—support is available. A neutral professional can keep the process moving, translate “court-speak” into clear steps, and help you prepare for disclosures and mediation with your child’s needs in mind.
Schedule a free 15-minute consultation:
https://calendly.com/pivotalpeace/free-15-minute-phone-call
You can do this—and you do not have to do it alone.