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Free California Divorce Petition Form - PDF Form Download

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Download and Fill this form for Filing for Divorce in the State of California.


California Divorce Petition Form

Text Version of this Form

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FL-100

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

MARRIAGE OF

PETITIONER:

RESPONDENT:

PETITION FOR CASE NUMBER:

Dissolution of Marriage
Legal Separation
Nullity of Marriage AMENDED

1. RESIDENCE (Dissolution only) Petitioner Respondent has been a resident of this state for at least six months and
of this county for at least three months immediately preceding the filing of this Petition for Dissolution of Marriage.

2. STATISTICAL FACTS
a. Date of marriage: c. Time from date of marriage to date of separation (specify):
b. Date of separation: Years: Months:

3. DECLARATION REGARDING MINOR CHILDREN (include children of this relationship born prior to or during the marriage or
adopted during the marriage):
a. There are no minor children.
b. The minor children are:
Child’s name Birthdate Age Sex

Continued on Attachment 3b.
c. If there are minor children of the Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction
and Enforcement Act (UCCJEA) (form FL-105) must be attached.
d. A completed voluntary declaration of paternity regarding minor children born to the Petitioner and Respondent prior to
the marriage is attached.

4. SEPARATE PROPERTY
Petitioner requests that the assets and debts listed in Property Declaration (form FL-160) in Attachment 4
below be confirmed as separate property.
Item Confirm to

NOTICE: You may redact (black out) social security numbers from any written material filed with the court in this case
other than a form used to collect child or spousal support.

Page 1 of 2

Form Adopted for Mandatory Use PETITION—MARRIAGE Family Code, §§ 2330, 3409;
Judicial Council of California www.courtinfo.ca.gov
FL-100 [Rev. January 1, 2005] (Family Law)

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MARRIAGE OF (last name, first name of parties): CASE NUMBER:

5. DECLARATION REGARDING COMMUNITY AND QUASI-COMMUNITY ASSETS AND DEBTS AS CURRENTLY KNOWN
a. There are no such assets or debts subject to disposition by the court in this proceeding.
b. All such assets and debts are listed in Property Declaration (form FL-160) in Attachment 5b.

below (specify):

6. Petitioner requests
a. dissolution of the marriage based on d. nullity of voidable marriage based on
(1) irreconcilable differences. (Fam. Code, § 2310(a).) (1) petitioner’s age at time of marriage.
(2) incurable insanity. (Fam. Code, § 2310(b).) (Fam. Code, § 2210(a).)
b. legal separation of the parties based on (2) prior existing marriage.
(1) irreconcilable differences. (Fam. Code, § 2310(a).) (Fam. Code, § 2210(b).)
(2) incurable insanity. (Fam. Code, § 2310(b).) (3) unsound mind. (Fam. Code, § 2210(c).)
c. nullity of void marriage based on (4) fraud. (Fam. Code, § 2210(d).)
(1) incestuous marriage. (Fam. Code, § 2200.) (5) force. (Fam. Code, § 2210(e).)
(2) bigamous marriage. (Fam. Code, § 2201.) (6) physical incapacity. (Fam. Code, § 2210(f).)

7. Petitioner requests that the court grant the above relief and make injunctive (including restraining) and other orders as follows:
Petitioner Respondent Joint Other
a. Legal custody of children to ………………………………………………………………………………
b. Physical custody of children to …………………………………………………………………………..
c. Child visitation be granted to ……………………………………………………………………………..

As requested in form: FL-311 FL-312 FL-341(C) FL-341(D) FL-341(E) Attachment 7c.
d. Determination of parentage of any children born to the Petitioner and Respondent prior to the marriage.
e. Attorney fees and costs payable by …………………………………………………………………….
f. Spousal support payable to (earnings assignment will be issued) ……………………………
g. Terminate the court’s jurisdiction (ability) to award spousal support to Respondent.
h. Property rights be determined.
i. Petitioner’s former name be restored to (specify):
j. Other (specify):

Continued on Attachment 7j.

8. Child support–If there are minor children born to or adopted by the Petitioner and Respondent before or during this marriage, the
court will make orders for the support of the children upon request and submission of financial forms by the requesting party. An
earnings assignment may be issued without further notice. Any party required to pay support must pay interest on overdue
amounts at the “legal” rate, which is currently 10 percent.

9. I HAVE READ THE RESTRAINING ORDERS ON THE BACK OF THE SUMMONS, AND I UNDERSTAND THAT THEY APPLY
TO ME WHEN THIS PETITION IS FILED.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR PETITIONER)

NOTICE: Dissolution or legal separation may automatically cancel the rights of a spouse under the other spouse’s will, trust,
retirement plan, power of attorney, pay on death bank account, survivorship rights to any property owned in joint tenancy, and any
other similar thing. It does not automatically cancel the right of a spouse as beneficiary of the other spouse’s life insurance policy.
You should review these matters, as well as any credit cards, other credit accounts, insurance polices, retirement plans, and credit
reports to determine whether they should be changed or whether you should take any other actions. However, some changes may
require the agreement of your spouse or a court order (see Family Code sections 231–235).

FL-100 [Rev. January 1, 2005] PETITION—MARRIAGE Page 2 of 2

(Family Law)

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