Fill out family petition forms
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Family petition forms are official legal documents used to formally initiate court or government proceedings related to family matters — from ending a marriage to sponsoring a spouse for immigration benefits. These forms serve as the foundation of a legal case, establishing who the parties are, what the petitioner is requesting, and whether basic eligibility requirements have been met. Getting them right matters: errors or missing information can delay proceedings, result in rejected filings, or require costly corrections.
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About family petition forms
People who need these forms are often navigating some of the most significant events in their lives. A couple in California or Florida seeking an uncontested divorce will typically need to file a petition with their local circuit or superior court. A U.S. citizen sponsoring a foreign spouse for a green card will need to submit supporting forms like Form I-130A alongside their primary petition. In each case, the forms ask for specific details — residency history, marriage dates, employment records — that must be accurate and complete before filing.
Because these forms can be dense and unfamiliar, tools like Instafill.ai use AI to help users fill them out accurately in under 30 seconds, reducing the risk of errors and saving significant time compared to working through them manually.
Forms in This Category
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How to Choose the Right Form
The three forms in this category serve very different purposes — divorce, and immigration sponsorship — so the right choice depends on your situation and location.
Starting a Divorce or Separation Case
If you're ending a marriage or domestic partnership, you'll need one of two petition forms depending on your state:
- Florida residents with a simple divorce (no minor children, no shared property, no spousal support, and no pregnancy) should use Florida Supreme Court Approved Family Law Form 12.901(b)(3). This form is specifically designed for the most straightforward divorce scenarios and requires notarization before filing with the circuit court.
- California residents going through divorce, legal separation, or annulment — whether a marriage or domestic partnership — should use Form FL-100 (Petition—Marriage/Domestic Partnership). Unlike the Florida form, FL-100 covers a broader range of situations, including cases involving minor children, property division, and support requests.
> Not sure which state's form applies? Use the form for the state where you or your spouse has met the residency requirement (6 months in Florida; typically 6 months in California).
Sponsoring a Foreign Spouse for U.S. Immigration
If you're a U.S. citizen or permanent resident petitioning for your foreign spouse to immigrate, this category is different entirely:
- Use Form I-130A (Supplemental Information for Spouse Beneficiary) — but only alongside a separately filed Form I-130. The I-130A is completed by the foreign spouse, not the petitioner, and collects address history, employment history, and parental details for USCIS review.
Quick Summary
| Your Situation | Form to Use |
|---|---|
| Simple Florida divorce, no kids or property | Form 12.901(b)(3) |
| California divorce, separation, or annulment | Form FL-100 |
| Sponsoring a foreign spouse for a green card | Form I-130A |
Form Comparison
| Form | Purpose | Who Files It | When to Use |
|---|---|---|---|
| Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18) | Open a no-asset, no-children divorce case in Florida | Spouse seeking divorce in Florida | No minor children, no marital property, no spousal support needed |
| Form FL-100, Petition—Marriage/Domestic Partnership (Family Law) | Open divorce, legal separation, or nullity case in California | Spouse or domestic partner initiating the case | Dissolving marriage or domestic partnership in California |
| Form I-130A, Supplemental Information for Spouse Beneficiary | Provide personal details for foreign spouse immigration petition | Foreign spouse (beneficiary) named in Form I-130 | Sponsoring a foreign spouse for U.S. permanent residency |
Tips for family petition forms
Each family petition form has specific residency or jurisdiction requirements that must be met before you can file. For example, Florida divorce petitions require at least 6 months of state residency, and California forms have their own county residency rules. Filing before you meet these thresholds can result in your case being dismissed, costing you time and filing fees.
Before you start filling out any family petition form, collect key documents such as marriage certificates, identification, address history, and employment records. Having these on hand prevents errors from guessing or leaving fields blank, which can delay processing. For immigration-related forms like I-130A, a complete address and employment history going back several years is typically required.
Family petitions often require multiple forms to be filed together — for instance, Form I-130 and Form I-130A must be submitted as a package, and California's FL-100 may require attachments like FL-105. Any inconsistencies in names, dates, or case numbers between forms can trigger requests for evidence or delays. Double-check that every detail matches across all documents before submitting.
Several family petition forms, including the Florida dissolution petition, must be signed under oath before a notary public or deputy clerk — signing beforehand can invalidate the form. Check the signature requirements for each specific form before you finalize it. Many courthouses and UPS stores offer notary services, and some online notary options are also available.
If you're filing a simplified dissolution petition like Florida's Form 12.901(b)(3), be certain you truly qualify — no minor or dependent children, no shared marital assets or debts, no spousal support, and no pregnancy. Filing the wrong form because you misunderstood these criteria means starting over with the correct, more complex petition. When in doubt, consult a family law attorney or a court self-help center.
When dealing with several family petition forms at once, AI-powered tools like Instafill.ai can complete these forms in under 30 seconds with high accuracy, saving you hours of careful manual entry. Your data stays secure throughout the process, making it a safe option even for sensitive family law and immigration information. This is especially helpful when forms require repetitive personal details across multiple documents.
Filing a family petition is only the first step — the other party (a spouse or the petition respondent) must be properly served according to your state's rules before the case can move forward. Improper service is one of the most common reasons family law cases stall. Check your local court's instructions for accepted methods of service, such as certified mail, process server, or sheriff's service.
Always make copies of your completed petition forms, any attachments, and your proof of filing before submitting them to the court or USCIS. Courts and agencies can lose documents, and having your own records helps you respond quickly if something is questioned. Store copies both digitally and in a physical folder for easy access throughout your case.
Frequently Asked Questions
This category includes three key family petition forms: Florida's Form 12.901(b)(3) for a simplified divorce with no children or property, California's Form FL-100 to open a divorce, legal separation, or nullity case, and USCIS Form I-130A for sponsoring a foreign spouse for immigration benefits. Each form serves a distinct legal purpose, so choosing the right one depends on your situation and the state or federal agency involved.
The right form depends on your circumstances and jurisdiction. If you are filing for a no-asset, no-children divorce in Florida, you need Form 12.901(b)(3). If you are starting any family law case — divorce, legal separation, or nullity — in California, Form FL-100 is the correct starting point. If you are a U.S. citizen or permanent resident petitioning for your foreign spouse's immigration status, you will need to submit Form I-130A alongside Form I-130 with USCIS.
These forms are filed by individuals at different stages of family legal matters. Florida Form 12.901(b)(3) is filed by a spouse seeking a straightforward dissolution of marriage. California Form FL-100 is filed by the petitioning spouse or domestic partner initiating a family law case. USCIS Form I-130A is completed by the foreign spouse beneficiary when a qualifying relative files an immigrant petition on their behalf.
Yes, both state-level divorce forms have residency requirements. Florida requires at least one spouse to have lived in the state for a minimum of six months before filing. California has its own residency and county filing requirements that must be met before the court can accept a petition. USCIS Form I-130A does not have a state residency requirement, but the petitioning sponsor must be a U.S. citizen, lawful permanent resident, or U.S. national.
Florida Form 12.901(b)(3) must be filed with the clerk of the circuit court in the appropriate Florida county. California Form FL-100 is filed with the clerk of the superior court in the county where you or your spouse resides. USCIS Form I-130A is submitted to USCIS together with Form I-130, either online through the USCIS portal or by mail to the designated filing address.
Florida Form 12.901(b)(3) must be signed under oath before a notary public or a deputy clerk of the court, as it is a sworn petition. California Form FL-100 requires the petitioner's signature but does not typically require notarization. USCIS Form I-130A requires the beneficiary's signature, and specific signing instructions apply based on whether the beneficiary is located inside or outside the United States.
Yes, AI-powered tools like Instafill.ai can fill out family petition forms in under 30 seconds by accurately extracting and placing your information from source documents. This reduces the risk of errors that can delay processing or cause a court to reject your filing. Instafill.ai can also convert non-fillable PDF versions of these forms into interactive fillable formats.
Manually completing these forms can take anywhere from 20 minutes to over an hour, depending on the complexity of your situation and how familiar you are with legal terminology. Using an AI tool like Instafill.ai, the data extraction and form-filling process can be completed in under 30 seconds, allowing you to review and finalize your answers quickly.
After filing a state divorce petition in Florida or California, the other party must be formally served with the petition, and the case will proceed based on whether it is uncontested or contested. For USCIS Form I-130A, after submission USCIS will review the petition and may request additional evidence before making a decision on the beneficiary's eligibility. Each process has its own timeline depending on court schedules or USCIS processing times.
Yes, filing family law petitions with state courts generally involves a filing fee that varies by county and case type. USCIS also charges a filing fee for Form I-130, which covers the associated Form I-130A. Fee waivers may be available in certain circumstances — check with your local court clerk or USCIS for current fee schedules and waiver eligibility.
Many people file family petition forms without an attorney, particularly for straightforward cases like a no-property, no-children divorce or a spousal immigration petition. However, family law and immigration matters can become complex, and consulting an attorney is advisable if your situation involves disputes, significant assets, children's welfare, or immigration complications. Courts and USCIS generally accept self-filed (pro se) petitions as long as the forms are completed correctly.
For divorce petitions, you will generally need your marriage certificate, proof of residency, and information about any shared assets, debts, or children. For USCIS Form I-130A, the foreign spouse beneficiary should have their address history, employment history, and parental information readily available. Gathering these documents in advance makes the filing process faster and helps ensure your petition is complete and accurate.
Glossary
- Dissolution of Marriage
- The legal term used in many states (including California and Florida) for divorce — the court-ordered termination of a valid marriage. It is the most common relief requested in family petition forms.
- Petitioner
- The spouse or partner who initiates the court case by filing the petition. The other party in the case is called the Respondent.
- Respondent
- The spouse, partner, or other party who receives (is served) the petition filed by the Petitioner and must respond to the court case.
- Irretrievably Broken
- A legal finding that a marriage has broken down to the point where it cannot be repaired, used as the standard grounds for a no-fault divorce in states like Florida and California. No proof of fault (such as adultery) is required.
- Residency Requirement
- The minimum length of time a spouse must have lived in a state before that state's courts have authority to grant a divorce. For example, Florida requires at least six months of residency before filing.
- Service of Process
- The formal legal procedure of delivering court documents (such as a divorce petition) to the other party so they are officially notified of the case. A case generally cannot proceed until proper service is completed.
- Nullity (Annulment)
- A court declaration that a marriage or domestic partnership was never legally valid, as opposed to a dissolution which ends a valid marriage. It is one of the relief options available on California's Form FL-100.
- UCCJEA
- The Uniform Child Custody Jurisdiction and Enforcement Act — a law that determines which state has authority over child custody matters. In California, filing Form FL-105 alongside FL-100 is required when minor children are involved.
- Form I-130 (Petition for Alien Relative)
- The primary USCIS form filed by a U.S. citizen or lawful permanent resident to establish a qualifying family relationship with a foreign national, which is a prerequisite for the foreign relative to apply for a visa or green card. Form I-130A is a required supplement when the beneficiary is a spouse.
- Beneficiary
- In immigration family petitions, the foreign national family member on whose behalf the U.S. citizen or permanent resident files the petition. The beneficiary is the person seeking immigration benefits.