INSTRUCTIONS: CALIFORNIA PETITION – MARRIAGE (Form Fl-100)

To initiate the divorce process in California, one spouse must file a Petition – Marriage. This Form FL-100 is filed along with a Summons in the superior court in your area. The form can be downloaded from the website of the California Courts system.

California Petition – Marriage FL-100 Step 1: At the top of the page, enter your name and address or that of your attorney. Enter the names of both spouses where indicated and indicate whether you are seeking a divorce, legal separation or nullification of your marriage.

California Petition – Marriage FL-100 Step 2: Question one is only for those who are seeking a dissolution (divorce). Indicate whether you, the respondent or both parties have been residents of California for at least six months. Additionally, at least one of you must have been a resident of the county where you are filing for three months.

California Petition – Marriage FL-100 Step 3: Question two asks you to list the date of marriage and separation. Note the number of years and months from marriage to separation.

California Petition – Marriage FL-100 Step 4: Question three asks you to list all minor children in the marriage, if any. If there any children,  a Form FL-105 must be completed and submitted with this petition.

California Petition – Marriage FL-100 Step 5: In response to question four, list all property and assets which you wish to be considered your own rather than mutually owned.

California Petition – Marriage FL-100 Step 6: In response to question five, list communal property and debts. You may wish to attach a Form FL-160, a form specifically for listing all property.

California Petition – Marriage FL-100 Step 7: In section six, indicate the grounds for which you are seeking separation.

California Petition – Marriage FL-100 Step 8: In section seven, note all requests you are making of the court concerning child custody, visitation rights, payment of attorneys, property rights and any other aspects of separation that a judge must rule on.

California Petition – Marriage FL-100 Step 9: Print or type your name, provide a signature and write the date. Your attorney, if any, must do the same.

INSTRUCTIONS: PETITION – DOMESTIC PARTNERSHIP/MARRIAGE (Form FL-103)

Two people who are of the same sex and in a formally recognized domestic partnership in California must file a Form FL-130 if they wish to separation. This petition concerning a domestic partnership can be obtained from the California courts system's website. This form must be submitted to the superior court in your area to initiate the separation process.

Petition – Domestic Partnership/Marriage FL-103 Step 1: At the top of the page, list all information requested about your name, that of your attorney, the court in which you are filing this paper and your attorney's information, if any is involved.

Petition – Domestic Partnership/Marriage FL-103 Step 2: Under section one, "Statistical Facts," note when your domestic partnership was registered and the total amount of time until you separated.

Petition – Domestic Partnership/Marriage FL-103 Step 3: Under section two, "Residence," indicate whether you or your spouse are California residents and where your partnership was formally registered.

Petition – Domestic Partnership/Marriage FL-103 Step 4: If there are any children, list their names, ages, sex and date of birth under section three. You must also complete a separate Form FL-105.

Petition – Domestic Partnership/Marriage FL-103 Step 5: Under section four, "Separate Property," list all assets you wish to have recognized as your individual property by the court.

Petition – Domestic Partnership/Marriage FL-103 Step 6: Under section five, indicate all joint assets and debts. Alternately, declare them in a form FL-160 and attach it to this petition.

Petition – Domestic Partnership/Marriage FL-103 Step 7: Under section six, indicate what kind of separation you are seeking and your reason from the options listed.

Petition – Domestic Partnership/Marriage FL-103 Step 8: Under section seven, note any issues which you wish for the court to rule on, such as child visitation rights and property rights questions. If your wishes are not included on the form, you may include attachment 7j to detail the issues you wish for the court to rule on in as much detail as you deem necessary.

Petition – Domestic Partnership/Marriage FL-103 Step 9: Sign and date the form. Your attorney must do the same.