Fill out Form FL-100, Petition—Marriage/Domestic Partnership (Family Law) with Instafill.ai

People often check multiple boxes or the wrong set of boxes under “Petition For” and “Legal Relationship” because the form lists marriage and domestic partnership options side-by-side. This can lead to the clerk rejecting the filing or the court processing the case under the wrong legal framework, causing delays and amended filings. Avoid this by selecting only the boxes that match your situation (e.g., divorce of marriage vs. dissolution of domestic partnership) and confirming whether you are seeking dissolution, legal separation, or nullity. AI-powered form filling tools like Instafill.ai can help prevent conflicting selections by validating that your checked boxes are logically consistent.

A very common error is failing to check whether the Petitioner or Respondent meets the 6-month California and 3-month county residency requirement, or incorrectly checking the domestic partnership/same-sex marriage exceptions. If residency is not properly established (or an exception is misapplied), the court may reject the petition or you may have to refile in the correct county/state. Avoid this by verifying dates of physical residence and selecting the correct box (2a, 2b, or 2c) that actually applies to your relationship and location. Instafill.ai can flag missing residency checkboxes and prompt for the required county/state details before submission.

People frequently enter a separation date that is earlier than the marriage/registration date, use an informal “trial separation” date without clarity, or forget to fill in the years/months duration fields consistently. Inconsistent dates can create credibility issues, complicate property characterization, and trigger clerk/court questions that slow the case. Avoid this by using the legally intended separation date (when you separated with intent not to resume the relationship) and ensuring the “Years” and “Months” fields match the dates entered. Instafill.ai can automatically calculate durations and validate that dates follow a logical timeline and correct format.

When parties have minor children, many filers check “The minor children are” but forget to attach the required UCCJEA declaration (FL-105) or leave it blank. Missing FL-105 commonly results in a rejected filing or the court refusing to make custody/visitation orders until it is provided. Avoid this by always preparing and attaching FL-105 whenever any minor child is listed, and ensuring the child information matches across forms. If you’re working from a flat, non-fillable PDF, Instafill.ai can convert it into a fillable version and help ensure required attachments like FL-105 are included.

Common mistakes include using nicknames instead of legal names, entering ages that don’t match birthdates, or using inconsistent date formats across children. These errors can cause confusion in custody/support processing and may require corrections or additional hearings. Avoid this by copying names exactly as on birth certificates and using a consistent date format (e.g., MM/DD/YYYY) while ensuring ages align with birthdates as of the filing date. Instafill.ai can standardize date formats and cross-check age vs. birthdate to reduce these avoidable inconsistencies.

Filers often check custody/visitation boxes (legal custody, physical custody, parenting time) but fail to indicate which detailed form is attached (FL-311, FL-312, FL-341(C)/(D)/(E), or Attachment 6c(1)). Without a detailed parenting plan, the court may not be able to issue clear orders, leading to continuances or requests for additional paperwork. Avoid this by attaching the appropriate custody/visitation schedule form and ensuring it matches what you checked on FL-100. Instafill.ai can prompt you to add the correct supporting form when custody/visitation boxes are selected.

People frequently check “terminate the court’s ability to award support” without realizing it can permanently waive future support, or they check multiple options that don’t make sense together (e.g., terminate and reserve). The consequence can be losing the ability to seek support later or creating ambiguity that requires amendment. Avoid this by deciding whether you want support now, want the issue reserved for later, or truly want the court’s power terminated—and select only the option that matches that intent. Instafill.ai can warn about conflicting support selections and help ensure the chosen option aligns with your stated goal.

A frequent issue is checking “There are no such assets or debts” for separate property (item 9) or community/quasi-community property (item 10) even when the parties have bank accounts, retirement plans, vehicles, credit cards, or other debts. This can lead to incomplete orders, later disputes, or the need to reopen property issues, which is costly and time-consuming. Avoid this by listing all known assets and debts or attaching the correct Property Declaration (FL-160) and/or Attachment 10b/9b as indicated. Instafill.ai can help by prompting for common asset/debt categories and ensuring the correct attachments are included when “listed in Property Declaration” is selected.

People often leave the attorney section partially filled (or fill it out when self-represented), omit the State Bar number, or enter inconsistent party names compared to other filings. These errors can cause clerk rejections, service problems, and confusion in case indexing. Avoid this by completing either the “Party without attorney” information accurately or the attorney block fully, and using full legal names consistently throughout the case. Instafill.ai can auto-format phone/ZIP/state abbreviations and reduce omissions by validating required identity fields.

The form notes that if a voluntary declaration of parentage/paternity was signed, a copy should be attached if available, but many filers overlook this instruction. Missing documentation can complicate parentage findings and delay custody/support orders, especially when a child was born before marriage/partnership. Avoid this by locating the declaration and attaching a copy, or noting its unavailability and being prepared to provide it later if requested. Instafill.ai can remind you to upload and attach supporting documents when you indicate a declaration exists.

A classic filing-stopper is forgetting to sign and date the petition, typing a name without an actual signature, or having the attorney sign when the petitioner’s signature is required (or vice versa). The court may reject the filing outright or require a corrected, re-filed petition. Avoid this by confirming the petitioner signs and dates in the correct signature block and that any attorney signature is completed only where applicable. Instafill.ai can flag missing signature/date fields before you print/file and help ensure the final output is complete and properly formatted.