What Papers Do I Need to File to Start a Divorce?
Updated: Sep 6
To begin a divorce in California you file two required Judicial Council forms with the superior court: the FL-100 Petition for Dissolution of Marriage and the FL-110 Summons. If you and your spouse have children together who are under 18, you also file the FL-105 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. After the clerk stamps those documents, someone other than you serves copies on your spouse and files an FL-115 Proof of Service of Summons. Within 60 days of filing, you serve your preliminary declaration of disclosure. The rest of this article explains each piece.
What is the first form you file for divorce in California?
The FL-100 Petition is the document that opens the case. It tells the court who the parties are, when you married, when you separated, whether there are minor children, and what you are asking the court to decide. In California the only ground most people use is irreconcilable differences under Family Code section 2310, so there is no need to explain what went wrong in the marriage. The petition simply checks that box.
The FL-100 also establishes that the court has the power to hear your case. Family Code section 2320 requires that at least one spouse has lived in California for six months and in the county where you file for three months before the petition is filed. If you moved to Riverside County or San Bernardino County recently, count the days before you file. A petition filed too early can be challenged, and the six-month clock for finalizing the divorce under Family Code section 2339 does not begin until the petition is properly served.
What the FL-100 asks you to decide before you file
The petition asks you to state your requests on property, spousal support, attorney fees, and, if there are children, custody and child support. Many self-represented filers leave these sections blank because they do not yet know what they want. That is a mistake. In a default case the court generally cannot award relief you did not request in the petition, so if you leave spousal support unchecked and your spouse never responds, you may have given up the ability to ask for it later without amending and re-serving.
A safer practice is to request everything you may reasonably need. The petition also asks whether you want your former name restored, whether there are separate property assets to confirm, and how you want community property divided. Family Code section 2550 requires an equal division of community property unless the parties agree otherwise in writing, so most petitions simply ask the court to divide the community estate according to law and list the major assets on an attachment.
What is the FL-110 Summons and why does it matter?
The FL-110 Summons is the court's official notice to your spouse that a case has been filed and that they have 30 days from service to file a response. The clerk issues the summons when you file the petition.
The back of the summons contains the automatic temporary restraining orders, often called the ATROs. Once the summons is served, both spouses are prohibited from removing children from the state without written consent or a court order, from cashing or changing the beneficiaries on insurance policies, from transferring or hiding property outside the ordinary course of business, and from creating or changing nonprobate transfers such as trusts. The orders bind the petitioner from the moment of filing and the respondent from the moment of service. Judges in Riverside County and San Bernardino County take ATRO violations seriously, and a spouse who drains a joint account after service can face sanctions and an unequal award to compensate the other side.
Do I need to file the FL-105 if I have children?
Yes. If you and your spouse share any child under 18, the FL-105 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act is required at the time you file the petition. The form lists each child, the addresses where the child has lived for the past five years, who the child lived with at each address, and whether there is any other custody case, protective order, or juvenile matter involving the child anywhere in the world.
The FL-105 exists because California courts can only make custody orders if California is the child's home state or another jurisdictional basis applies. A clerk will generally reject a petition with minor children if the FL-105 is missing. The judge also reads it to spot problems early, such as a child who lived in another state within the last six months or an open dependency case. If the child's address history includes a confidential shelter or domestic violence address, the form allows you to keep that information confidential.
Should I file the FL-311 with the petition?
The FL-311 Child Custody and Visitation Application Attachment is optional at the petition stage. Some attorneys attach it to the FL-100 so the court and the other side know from the start what custody arrangement the petitioner is seeking, including legal custody, physical custody, a parenting schedule, holidays, and transportation. Others leave it off and use it later with an FL-300 Request for Order.
Are there local forms in Riverside County or San Bernardino County?
Each county's superior court may require local forms in addition to the statewide Judicial Council forms. Riverside Superior Court and San Bernardino Superior Court both publish local rules and local forms on their websites, and the family law clerks will reject a filing that is missing a required local form. Check the current local rules before you file, because these requirements change. Common examples across California counties include a family-centered case resolution information sheet, a local cover sheet, or a declaration regarding address confidentiality.
How do I serve the divorce papers and file proof of service?
Filing the papers does not start the clock. Service does. California requires that the summons and petition be personally delivered to your spouse by someone who is at least 18 years old and is not a party to the case. You cannot hand the papers to your spouse yourself, and mailing them by yourself does not count. A friend, relative, registered process server, or the sheriff's civil division can serve.
The server hands your spouse the FL-110 Summons, the FL-100 Petition, a blank FL-120 Response, and, if there are children, the FL-105 and a blank FL-105 for the respondent to complete. If you attached an FL-311, that goes too, along with any required local forms. The server then completes the FL-115 Proof of Service of Summons, describing when, where, and how the documents were delivered, and you file the FL-115 with the court. Without a filed FL-115, the court has no record that your spouse was served, you cannot request a default, and the six-month waiting period does not start.
When personal service is not possible
If your spouse is cooperative, the cheapest route is the FL-117 Notice and Acknowledgment of Receipt. You mail the papers with the FL-117, your spouse signs and returns it, and that signed form is filed as proof of service. If your spouse avoids service, Code of Civil Procedure section 415.20 allows substituted service after reasonable diligence, and Code of Civil Procedure section 415.50 allows service by publication or posting with the court's permission. Those methods require additional declarations and are covered in a separate article on evading spouses.
What financial disclosure forms do I file after the petition?
The petition and summons open the case, but a California divorce cannot be finalized until each spouse has served a preliminary declaration of disclosure. Family Code sections 2104 and 2105 make this mandatory, and it applies even if your spouse never responds and you proceed by default. The petitioner must serve the preliminary disclosure within 60 days of filing the petition, and the respondent within 60 days of filing the response.
The disclosure package has four parts. The FL-140 Declaration of Disclosure is a cover sheet that lists what you are serving. The FL-142 Schedule of Assets and Debts lists every asset and debt you know about, whether community or separate, with the date acquired, the current value, and the amount owed. Smaller or simpler estates sometimes use the FL-160 Property Declaration instead of the FL-142. The FL-150 Income and Expense Declaration reports your income, deductions, monthly expenses, and the last two months of pay stubs, which must be attached. Finally, the FL-141 Declaration Regarding Service of Declaration of Disclosure is filed with the court to confirm that the package was served.
What gets filed and what gets served
This is where many self-represented filers get confused. The FL-140, FL-142, and FL-150 are served on the other spouse but are not filed with the court, because they contain private financial information. Only the FL-141 is filed. When you later submit your judgment packet, the court will check the docket for a filed FL-141 from each party, or from the petitioner alone in a default case. A missing FL-141 is one of the most common reasons judgment packets are rejected in Riverside and San Bernardino.
Judges also look closely at the FL-150. It must be complete, signed under penalty of perjury with the correct date, and accompanied by pay stubs. An FL-150 that lists income but no expenses, or that is more than three months old at the time of a support hearing, will usually be sent back. The financial disclosures drive spousal support, child support, and property division, so accuracy here protects you later. A spouse who hides an asset on the FL-142 risks having the entire asset awarded to the other side, as the Court of Appeal confirmed in In re Marriage of Rossi (2001) 90 Cal.App.4th 34, where an undisclosed lottery prize was awarded entirely to the non-disclosing spouse's former husband.
What happens after the starting papers are filed and served?
Once the FL-115 is on file, your spouse has 30 days to file the FL-120 Response. If they respond, the case proceeds toward settlement or trial, and either spouse can file an FL-300 Request for Order for temporary custody, support, or property orders in the meantime. If they do not respond within 30 days, you can file the FL-165 Request to Enter Default and move toward a default judgment using the FL-180 Judgment and FL-190 Notice of Entry of Judgment, along with the supporting forms the court requires.
Common mistakes when filing the first divorce papers
Filing in the wrong county is a frequent error. If you live in Riverside County but your spouse lives in San Bernardino County, you can file in your own county as long as you meet the three-month residency requirement there. Filing in a county where neither spouse qualifies invites a motion to change venue and wastes time. Other frequent errors are leaving the petition's relief sections blank, serving the papers yourself, forgetting the FL-105 when there are children, and never filing the FL-141. In a default case some of these fixes require amending the petition and serving your spouse again.
Frequently Asked Questions
Can I file for divorce in California without my spouse's signature?
Yes. California is a no-fault state and only one spouse needs to want the divorce. You file the FL-100 and FL-110 on your own, have your spouse served, and the case proceeds whether or not your spouse participates. If your spouse never files a response, you can request a default after 30 days.
Do I have to file the FL-105 if my children are adults?
No. The FL-105 is required only when there are children of the marriage who are under 18. If all of your children are adults, check the box on the FL-100 indicating there are no minor children and skip the FL-105.
Is the FL-311 required to start a divorce with children?
No. The FL-311 is an optional attachment at the petition stage. It becomes important later when you file an FL-300 Request for Order on custody or when you submit a stipulated custody agreement, but a petition with minor children is complete with the FL-100, FL-110, and FL-105.
What is the difference between the FL-140 and the FL-141?
The FL-140 Declaration of Disclosure is the cover sheet served on your spouse with the FL-142 and FL-150. It is not filed with the court. The FL-141 Declaration Regarding Service of Declaration of Disclosure is the one-page form you file with the court to prove that you served the disclosure package. The court needs a filed FL-141 from each disclosing party before it will enter a judgment.
Gramling Law Group handles divorce filings throughout Riverside County, San Bernardino County, and the Inland Empire, with flat-fee and limited-scope options for clients who want help preparing and filing the initial paperwork without retaining a full-service attorney. Call (909) 654-4575 or contact us through this website to schedule a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
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