Responding to Divorce Papers in California

You Have Been Served With Divorce Papers -- What Now?

Responding to divorce papers in California is time-sensitive. When you are personally served with a Petition for Dissolution of Marriage (form FL-100) and Summons (form FL-110), you have 30 calendar days from the date of service to file a Response (form FL-120) with the Superior Court. This 30-day deadline is a hard cutoff -- if you miss it, the petitioner can request your default, which allows them to proceed to a final divorce judgment without your participation.

What does it mean to be served with divorce papers? Service means that a process server or another adult who is not a party to the case personally delivered the Summons and Petition to you. Service begins the 30-day clock. The date of service also begins the six-month waiting period that California requires before a dissolution judgment can be entered. You cannot stop the divorce from happening by refusing to accept service -- California courts allow substituted service and, in some circumstances, service by publication when a spouse evades personal service.

What the Summons Says -- Automatic Temporary Restraining Orders

The FL-110 Summons you were served with contains Automatic Temporary Restraining Orders (ATROs) that became binding on you the moment you were served. ATROs prohibit you from: transferring, encumbering, hypothecating, concealing, or disposing of any property without written consent of the other party or a court order; removing any minor child of the parties from California; cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance coverage; or creating or modifying a nonprobate transfer. Violating the ATROs is a serious matter that can result in contempt of court proceedings and adverse consequences in the divorce case.

How to File a Response to Divorce Papers in California

The Response (form FL-120) is the document through which you formally participate in the divorce proceeding and state your own positions on all contested issues -- property division, spousal support, child custody, child support, and attorney fees. Filing a Response does not make the divorce more contentious -- it simply preserves your right to participate. You can file a Response and then work toward an uncontested resolution with the other party.

On the FL-120 Response, you will indicate whether you agree or disagree with the petitioner's requests and state your own requests for property division, support, and custody. You will also need to complete and serve your preliminary financial disclosures -- a Schedule of Assets and Debts (FL-142) and an Income and Expense Declaration (FL-150) -- within 60 days of filing your Response. Filing the Response at the same Superior Court where the petition was filed costs a filing fee of approximately $435 to $450. Fee waivers are available for those who cannot afford the fee.

What Happens If You Do Not Respond to Divorce Papers

What happens if you don't sign divorce papers or fail to file a Response? If you do not file an FL-120 Response within 30 days of service, the petitioner can file a Request to Enter Default (form FL-165). Once your default is entered, you lose the right to contest any issues in the divorce -- property division, support, and custody. The petitioner submits their own proposed judgment, which the court reviews and, if in proper form, enters as the final divorce judgment based on the petitioner's requested terms alone. A default divorce judgment can be extremely disadvantageous to the defaulted spouse, particularly in cases involving significant community property, spousal support, or custody.

Can a default divorce judgment be set aside? In limited circumstances, yes. You must file a motion to set aside the default within a specific time period and show a valid reason -- mistake, inadvertence, surprise, or excusable neglect; fraud; or that the default was entered as a result of improper service. Setting aside a default is more difficult than simply responding on time. If you have been served with divorce papers and the 30-day deadline is approaching or has passed, contact a family law attorney immediately.

Should You Hire an Attorney to Respond to Divorce Papers?

Whether to hire a divorce attorney to respond to divorce papers depends on the complexity of your case. In a short marriage with no children, no significant assets, and no support issues, a self-represented Response may be manageable with assistance from the Family Law Facilitator at your courthouse. In any case involving minor children, significant community property, business interests, retirement accounts, spousal support, or domestic violence, professional legal representation when responding to divorce papers is strongly advisable. The decisions made early in a divorce proceeding -- including how your Response is framed and what financial disclosures are made -- have lasting consequences for the entire case.

Furubotten Law, APC represents respondents in divorce proceedings throughout Orange County and Riverside County. If you have been served with divorce papers, call (714) 795-3862 for a complimentary initial case evaluation with Denise Furubotten, Esq.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.