What forms must I complete and file with the court to start a divorce or legal separation case in California?

To start a divorce or legal separation in California, you must file a Petition and a Summons with your local superior court. If you have minor children, you must also include a child custody declaration form. Here are the steps to prepare and file your initial court forms: Step 1: Complete the Petition — Marriage/Domestic Partnership (Form FL-100) This is the main form that opens your case. On this form, you will state whether you are requesting a dissolution (divorce), legal separation, or nullity. You will also provide basic information about your marriage, list any minor children, and identify the property and debts you believe are part of the marital estate. You are the "Petitioner." Step 2: Complete the Summons (Form FL-110) The Summons officially notifies your spouse (the "Respondent") that you have started a legal action. Critically, this form includes Standard Family Law Restraining Orders that automatically go into effect for you when you file the case, and for your spouse once they are served. These orders prevent either party from transferring property, changing insurance, or taking children out of California without a court order or written agreement. Step 3: Complete the Declaration Under UCCJEA (Form FL-105) You must complete this form if you and your spouse have minor children together. It provides the court with information about where your children have lived for the last five years. This helps the court determine it has the proper authority (jurisdiction) to make custody and visitation orders. Step 4: File Your Forms at the Courthouse Make at least two copies of all completed forms. Take the original and copies to the clerk's office at the superior court in your county. You must pay a filing fee (currently over $400) or apply for a fee waiver if you cannot afford it. The clerk will keep the original, stamp your copies with a filing date, and assign you a case number. Important considerations: To file for divorce, at least one spouse must have lived in California for the last six months and in the filing county for the last three months. There is no residency requirement to file for a legal separation. After filing, you must have another adult formally "serve" the filed forms on your spouse. Your spouse then has 30 days to file a response with the court. Note: This list covers only the initial filing documents. You will be required to complete and exchange detailed financial disclosures (Forms FL-140, FL-142, and FL-150) and other forms as your case progresses. This is general information and does not constitute legal advice. For complex situations, such as those involving significant assets, business ownership, or custody disputes, you should consult with a qualified California attorney.