The Ultimate Guide to Avoiding Common Divorce Petition Mistakes

Filing for divorce can be a daunting process, especially when it comes to completing the necessary paperwork. Many individuals make mistakes that can lead to delays, complications, or even the rejection of their petitions. In this guide, we will explore the most common errors people make when filing divorce petitions in California, specifically focusing on the FL-100 form. By understanding these pitfalls and how to avoid them, you can streamline your divorce process and minimize stress.

Understanding the Basics of the FL-100 Form

The FL-100 form, also known as the Petition for Dissolution of Marriage, is the primary document needed to initiate a divorce in California. It’s crucial to fill out this form accurately to avoid complications. Here are some of the most frequent mistakes people make:

1. Failing to Mark the Correct Petition Type

One of the first things you need to do on the FL-100 form is specify the type of petition you are filing. Many individuals correctly mark the “dissolution” box but forget to check the box indicating they are married. This oversight can lead to confusion and may delay the processing of your petition.

2. Not Providing Residency Information

Another common mistake involves the residency requirements. You must indicate that one or both spouses meet the residency requirements for California. Make sure to provide this information clearly to avoid unnecessary complications.

Statistical Facts Section: Key Mistakes

The statistical facts section is where many errors occur. It’s important to be precise in this area to ensure your petition is accepted.

3. Omitting the Date of Separation

Some individuals believe that if they are still living together, they do not need to include a date of separation. This is incorrect. Always include a date of separation, whether it’s the date you discussed divorce or the date you are filing the petition. This information is vital for the court to establish the timeline of your marriage.

4. Forgetting to Specify the Duration of the Marriage

When asked to specify the duration of the marriage, many people forget to calculate the exact number of years and months. This is another common reason for rejection. Always take the time to do this calculation accurately.

Legal Grounds: Marking the Right Box

In the legal grounds section, you must indicate the reason for your divorce. Failing to select the correct option can lead to complications.

5. Not Marking “Irreconcilable Differences”

Many individuals simply mark the divorce box without specifying the grounds. The legal ground for divorce in California is “irreconcilable differences,” and you must ensure this box is checked. Failing to do so can cause delays in processing your petition.

Child Custody and Support: Filling Out the Right Details

For those with children, it’s crucial to address custody and support accurately.

6. Leaving Child Custody Blank

If children are involved, never leave the child custody section blank. You must choose between joint legal and joint physical custody or specify your preference. This is essential for the court to understand your desired arrangements.

7. Misunderstanding Child Support Options

When it comes to child support, some individuals mistakenly mark “other” or write “no child support.” This is not a valid option. You need to either reserve child support or request it explicitly. Not doing so can lead to complications later in the process.

Spousal Support: Marking the Appropriate Box

Spousal support is another critical area where mistakes are often made.

8. Leaving Spousal Support Blank

It’s essential to mark one of the options regarding spousal support. You can either request support payable to the petitioner or respondent, terminate the court’s ability to award spousal support, or reserve it. Leaving this blank can complicate matters later, especially if you seek a default judgment without an agreement.

Long-Term Marriages: Special Considerations

If your marriage lasted over ten years, there are additional rules to consider.

9. Reserving Jurisdiction

For long-term marriages, you must reserve jurisdiction for both parties in a default no-agreement case. This is a legal requirement that cannot be overlooked. Failing to do this could lead to issues later on.

Property Declarations: Completing Them Properly

Property declarations are crucial in divorce proceedings, especially when assets and debts are involved.

10. Attaching Property Declarations Incorrectly

In default cases, it’s essential to complete the property declarations and indicate the division of assets and debts for both separate and community property. Avoid attaching property declarations inappropriately, as this can cause confusion and complications.

Other Requests: What You Need to Know

In the final sections of the FL-100, there are additional requests you can make, but they are not mandatory.

11. Marking “Other Requests” as Mandatory

Marking “other requests” is not a requirement. You don’t have to specify who will pay attorney’s fees unless you want to restore your maiden name. This section is optional and can be left blank if you don’t have any specific requests.

Conclusion: Avoiding the Pitfalls

Filing for divorce is a significant life event, and ensuring that your paperwork is filled out correctly can save you time, money, and stress. By avoiding these common mistakes, you can navigate the divorce process more smoothly. Remember, attention to detail is key. If you find yourself confused or overwhelmed, consider seeking legal advice to ensure everything is in order.

In summary, here are the key points to remember:

• Always mark the correct petition type.
• Include the date of separation, duration of marriage, and residency details.
• Clearly specify the legal grounds for divorce.
• Don’t leave child custody or support sections blank.
• Mark spousal support options appropriately.
• Complete property declarations accurately.
• Remember that other requests are optional.

By following this guide, you can significantly reduce the chances of making mistakes that could complicate your divorce proceedings.