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Divorce

FL-100: Completing The Petition For Divorce In California

The FL-100 form is the foundational document that initiates the divorce process in California. All family law forms in the state have the prefix “FL,” which stands for “family law.” Although the form has undergone changes in the past, its primary function remains to set the divorce process in motion.

What Are The Requirements For
A Divorce In California?

To get a divorce in California, certain residency prerequisites must be met. Either you or your spouse should have lived in California for at least six months and in the county where the divorce case is being filed for a minimum of three months.

California operates under a “no-fault” divorce system. This means that when filing for a divorce, the individual does not have to provide evidence that their spouse/partner was at fault or did something wrong. The person simply has to state that the couple cannot reconcile their differences, which, in legal terms, is known as “irreconcilable differences.”

What Information Is Included In the FL-100? 

The FL-100 form requires various details, including:

» Personal information of both spouses, like full names and addresses.

» Details about the court and the county where the divorce is being filed.

» Statistical facts like the date of marriage and date of separation.

» Information about any minor children from the marriage.

» Details about child custody, visitation rights, and child support.

» Information on spousal support, separate property, community property, and other related requests.

Lack of commitment in marriage is the top reason for divorce

How To File Form FL-100? 

Form FL-100 in California serves to provide the court with basic details about your marriage or domestic partnership and allows you to request specific court orders.

Once you have completed the FL-100, you will need to:

» File it, along with any other necessary forms, at the court clerk’s office.

» Pay a filing fee of $320. However, if you are unable to afford this fee, you might qualify for a fee waiver based on specific criteria. For instance, those receiving public benefits or those whose income is deemed insufficient for both household needs and court fees may be eligible for this waiver.

Consulting With A Family Lawyer
Prior To Filing The FL-100  

Filing for divorce can be a complex and emotionally taxing process. By consulting with a family lawyer before filing the FL-100, you can:

» Gain clarity on the legal aspects of the divorce process.

» Receive advice tailored to your specific situation, ensuring you make informed decisions.

» Understand the potential consequences of your choices, both immediately and in the long term.

» Ensure that you complete and file all necessary documentation correctly, reducing the chances of delays or issues in the process.

While it’s possible to navigate the divorce process independently, having the guidance and expertise of a family lawyer can provide valuable peace of mind and ensure that your interests are adequately represented.

Modern Family Law

Modern Family Law’s team of experienced California divorce lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

By: MFL Team

Posted March 06, 2024


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