What Happens After You File the FL-100 Petition?

You just walked out of the courthouse. The clerk stamped your FL-100 Petition, handed you your copies, and took your $435 filing fee. You are officially in the California divorce system. But you are not divorced yet. For the complete list of California divorce forms, see our master checklist.

Step 1: Serve the Papers

The court will not do this for you. You must hire a professional process server, use the county sheriff, or ask a friend over 18 to physically hand the filed Petition and Summons to your spouse. Once they do, the server must fill out a Proof of Service of Summons (Form FL-115), which you must file with the court. See how to serve the papers for the full process.

Important: The moment your spouse is served, the 6-month waiting period for California divorces officially begins.

Step 2: Wait for the 30-Day Response

Once served, your spouse has exactly 30 days to decide how to play this:

1. They file a Response (FL-120) and disagree. The divorce becomes contested.
2. They file a Response (FL-120) and agree. You can work together to draft a Marital Settlement Agreement.
3. They do nothing. After 30 days, you can file a Request to Enter Default (FL-165) and the judge will likely grant everything you asked for.

Step 3: Financial Disclosures

You cannot finalize a divorce in California until both spouses have laid all their financial cards on the table. Within 60 days of filing your Petition, you must complete your Preliminary Declaration of Disclosure — the Income and Expense Declaration (FL-150) and the Schedule of Assets and Debts (FL-142), with pay stubs and bank statements attached. You do not file these financial documents — you file a one-page form (FL-141) proving you handed them to your spouse.

Step 4: Draft the Settlement Agreement

If your spouse responded and you both want to avoid a trial, you negotiate a Marital Settlement Agreement — a legally binding contract that details exactly who gets what, signed in front of a notary by both spouses.

Step 5: Submit the Final Judgment Packet

You cannot submit your final paperwork until the mandatory 6-month waiting period has passed. Once the clock runs out, you compile your final judgment packet: the actual Judgment (FL-180), your notarized MSA, and several procedural forms asking the judge to approve the contract without making you come to court.

Step 6: The Judge Signs the Order

You submit the final packet to the court clerk. It goes onto the judge's desk. If all the forms are filled out correctly, the judge signs the FL-180 Judgment. The court clerk then mails you a Notice of Entry of Judgment (FL-190). The date stamped on that FL-190 is the exact date you are officially, legally restored to the status of a single person.

Want this whole roadmap handled for you? Start your California divorce packet and we'll prepare every form from FL-100 through FL-180.