California Divorce Forms Required by Law
Need to file for divorce in California? You must submit the correct forms to avoid delays. This article lists the required divorce forms, including the petition and financial disclosures, and shows you how to file them fast. You will save time and money by learning exactly what documents the court needs.
Required Divorce Forms in California
When you end a marriage in California, you must file papers with the court. The main form is the Petition (FL-100), which asks for your names, wedding date, and what you want from the divorce.
You also need the Summons (FL-110) to notify your spouse. If you have kids, add Form FL-105 for custody. A 2023 court guide shows that a simple case often uses at least 8 forms, so start your list early.
Common Forms You Will Need
The table below shows the basic forms most people file. Keep a folder with your copies and write the date you sent each one.
| Form Number | Name | What It Does |
|---|---|---|
| FL-100 | Petition | Starts the divorce and lists your requests. |
| FL-110 | Summons | Tells spouse the case is open. |
| FL-105 | Child Custody Declaration | Gives custody info if you have kids. |
| FL-120 | Response | Spouse uses it to answer the petition. |
| FL-142 | Property Declaration | Lists what you own and owe. |
- Fill forms in black ink or type them.
- Make two copies of every page.
- Take them to the court clerk for filing.
“Filing the right forms on time keeps your case moving and saves you stress.”
If you own a house or have a job pension, you may need extra papers like FL-142. Check the California Courts website for the full set. A clear list helps you finish faster and avoid mistakes.
FL-100 Petition to Start Divorce
The FL-100 form is the paper you give to the court to start your divorce in California. It is called the Petition for Dissolution of Marriage, and it asks for your name, your spouse’s name, and the date you were married.
You must file the FL-100 at your county courthouse along with a few other papers. This form tells the judge you want to end the marriage and what you are asking for, like child custody or support.
Key Details You Provide on the FL-100
The petition has boxes you check and lines you fill in. Be honest and use simple facts.
- Your full legal name and your spouse’s name.
- The date and place of your marriage.
- Names and birth dates of any children you have together.
- What you want the court to decide, such as property or spousal support.
If you leave something blank, the court may send the form back. Take your time and use the instructions from the California courts website.
Many folks feel nervous about the paper.
File the FL-100 with a clear copy of your marriage certificate to avoid delays.
Once the clerk accepts it, you will get a case number. That number goes on every later form you send.
Steps to File and What It Costs
The table below shows the basic steps and the fee for most counties. Fees can change, so check with your court.
| Step | What You Do | Cost |
|---|---|---|
| 1 | Fill out FL-100 and FL-110 summons | $0 (forms free) |
| 2 | File petition with court clerk | $435-$450* |
| 3 | Serve spouse with papers | Varies |
*Some courts ask for a small extra charge. If you have low income, you can ask for a fee waiver using form FW-001.
How Long Until the Divorce Is Final?
California law says you must wait at least six months after your spouse is served. The FL-100 starts that clock. Most cases finish in 6 to 12 months if both people agree.
Keep your stamped FL-100 in a safe folder. You will need it when you file the final papers, like the judgment form FL-180.
FL-110 Summons Service Rules
The FL-110 form is the Summons you must give to your spouse when you start a divorce in California. The law says you cannot just mail it to them by yourself. You need to follow clear service rules so the court knows your partner got notice.
Most people use personal service. This means a friend over 18 or a professional server hands the papers to your spouse. You have 60 days from the day you file your case to finish this step. If you miss the deadline, the court may close your case.
Ways to Serve the FL-110 Summons
California lets you use a few methods when personal service is hard. Each method has its own rules and proof form. The table below shows the main options and what you must do after.
| Method | How it works | Proof needed |
|---|---|---|
| Personal service | Server hands papers to spouse | FL-115 |
| Substituted service | Leave at home or work with adult, then mail copy | FL-115 plus mail receipt |
| Service by mail | Only if spouse agrees in writing | FL-117 signed |
Remember to file the proof of service with the court. Without it, your divorce cannot move forward.
The server must be 18 or older and not part of your case.
If your spouse hides or you cannot find them, you may ask the court for service by publication. This takes extra steps and a judge’s order. Keep good notes of every try you make.
Following the FL-110 Summons Service Rules protects your rights and keeps your case on track. Use a simple checklist to stay within the 60-day limit and turn in all forms on time.
FL-120 Response Deadline
When you get served with divorce papers in California, you must file your FL-120 form called the Response. This form tells the court you want to take part in the case. The deadline to send it back is very important so you do not lose your rights.
If you were served inside California, you have 30 days to file your FL-120 with the court. If you were served in another state or country, you get 60 days. Missing the deadline can let your spouse get a default judgment against you.
How to Count Your Days
Count the days from the date you were handed the papers or got them by mail. Do not count the day you were served. If the last day falls on a weekend or holiday, you get the next business day to file.
The clock starts the day after you are served, so mark your calendar right away.
For example, if you are handed the forms on March 1 and live in California, your FL-120 Response must reach the court by March 31. If March 31 is a Sunday, you can file on April 1.
Here is a quick list of steps to meet your deadline:
- Write the service date on a sticky note.
- Add 30 or 60 days based on where you were served.
- Fill out the FL-120 form with your information.
- File it at the court and keep a copy for yourself.
You can also use the table below to check your time limit:
| Service Location | Deadline |
|---|---|
| Inside California | 30 days |
| Outside California | 60 days |
If you cannot finish on time, talk to your spouse or file a request for more time before the date ends. This keeps you safe and lets you share your side in the divorce.
FL-140 Disclosure Requirements
The FL-140 form requires both parties in a California divorce to fully disclose all assets, debts, and financial interests through a detailed schedule. Accurate completion ensures transparency and compliance with state legal obligations.
Parties must serve the completed FL-140 on the other spouse and file it with the court to meet disclosure deadlines. Omissions or misrepresentations may lead to sanctions or invalidation of settlement agreements.