Responding to Divorce Papers in California

Understand your 30-day deadline, master Form FL-120, and protect your rights before a default judgment is entered.

Spouse reviewing FL-120 response form at home

Receiving a Summons (FL-110) and Petition (FL-100) marks the official start of divorce. From that moment, the clock begins ticking: you have 30 calendar days to file a formal response or risk a default judgment that locks in your spouse’s proposed terms. The response you file—Form FL-120—tells the court whether you agree, disagree, or need more time and information. This in-depth guide walks you through every decision-point: choosing the right response path, calculating your personal deadline, serving papers correctly, paying (or waiving) filing fees, and steering the case toward negotiation or trial. Follow the steps below to safeguard your property rights, parenting time, and financial future.

1. Understand the Summons & Petition

Form FL-100 (the Petition) and FL-110 (the Summons) outline your spouse’s requested orders, filing county, and case number. Study each page carefully: does the petition ask for sole custody, spousal support, or exclusive use of your home? Note the service date stamped on the Proof of Service—this starts your 30-day countdown. If you were served by substitute service or certified mail outside California, different response clocks may apply.

  • Verify the court address and branch name.
  • Confirm your name is spelled correctly; errors cause ID mismatches later.
  • Check whether your spouse requested attorney’s fees or property control.
Tip: If you were handed the papers in person, day 1 is the day after service. If delivered by mail within California, add five extra days to your deadline under Code of Civil Procedure §1013.

2. Choose Your Response Path

California offers four main tracks for responding. Selecting the appropriate path shapes how much paperwork you file, how soon hearings occur, and whether you retain negotiation leverage.

Path Timeline Required Forms Pros Cons
Default (No Response) 30‑40 days None Fast, low paperwork Lose rights, court may adopt spouse’s terms
Uncontested (Agreement) 6‑7 months FL-120, FL-130, Settlement Agreement Cooperative, saves fees Still need full disclosures
Contested 12‑24 months FL-120 + motions, discovery Protects disputed rights Higher cost, slower
Stipulated Judgment ≈6 months FL-120, FL-180, Judgment Attachments Finalizes agreement quickly Requires full consensus on every term
Tip: A default with agreement is a hybrid route—both parties sign a settlement but the responding spouse skips FL-120. Consider whether filing preserves your voice on future issues.

3. Calculate Your Personal Deadline

Count 30 calendar days starting the day after you were served. If the last day falls on a weekend or court holiday, your deadline extends to the next business day. For service by mail within California, add five extra days; add ten days for service outside the state. Example: Served in person on March 1 ➜ start count March 2 ➜ day 30 is March 31. Because March 31 is a business day, your FL-120 must be filed by 4 p.m. that day.

  1. Locate the service date on Proof of Service.
  2. Add any mail-service buffer days.
  3. Use a calendar to mark weekends and holidays.
  4. Set automated reminders one week and one day prior.
Tip: Many counties offer e-courthouse accounts that email you when documents post. Sign up to avoid missing oppositions or hearing dates.

4. Completing Form FL-120 Correctly

FL-120 “Response—Marriage/Domestic Partnership” looks simple but small mistakes trigger clerk rejections. In the caption area, copy the court name and case number exactly as shown on the Petition. In Item 1, select “Dissolution” unless you truly want a legal separation. Item 2 asks whether you concur California has jurisdiction—check carefully if either spouse recently moved. Item 6 lets you respond to property allegations: mark “unknown” if you need discovery. Always sign in blue ink and keep at least two file-stamped copies.

  • Leave no box half-checked; strike blank spaces with “N/A”.
  • Attach a separate “Property Declaration” if your list exceeds the space given.
  • Use our paperwork checklist to gather supporting forms.
Tip: Do not mark both dissolution and legal separation—clerks reject dual requests as conflicting relief.

5. Serve Your Response the Right Way

A neutral adult (18 +, not you) must serve your FL-120 and all attachments on your spouse. Personal service uses Proof of Personal Service (FL-330); first-class mail uses Proof of Service by Mail (FL-335) and adds five days to any deadlines that flow back to your spouse. Include blank copies of FL-320 (Responsive Declaration) and FL-150 if child or spousal support will be at issue.

Tip: Hand your server a pre-addressed, stamped envelope along with two copies so they can mail you a signed Proof immediately after delivery.

6. File With the Court

After service, file the original FL-120 and signed Proof of Service with the same courthouse where the petition was opened. Most counties charge a $435 filing fee—waived if you submit Fee-Waiver Form FW-001 and meet income limits. Many courts now accept e-filing; check the county directory for details. Keep stamped copies for your records and provide one to your spouse.

Tip: In-person clerks generally accept cash, credit card, or check; e-filing portals require Visa/Mastercard and may add a small vendor surcharge.

7. What Happens After You Respond

Filing a response moves the case into discovery and temporary orders. Both parties must exchange Preliminary Declarations of Disclosure within 60 days—see our financial disclosure guide. Courts may schedule a Case Management Conference or mediation referral. Negotiation typically begins with a “meet and confer” session, followed by settlement conferences. If no agreement is reached, trial preparation includes witness lists, exchange of exhibits, and filing of trial briefs.

Tip: Use a shared cloud folder to organize disclosures and updated pay stubs—judges appreciate parties who can produce documents instantly.

8. Turning Agreement Into a Judgment

When both spouses reach consensus, draft a Marital Settlement Agreement that outlines custody, support, and property division. File FL-130 “Appearance, Stipulations and Waivers,” attach the agreement to FL-180 Judgment, and submit to the clerk’s window or e-filing portal. Provide a typed property spreadsheet; clerks compare totals and reject documents with math errors. Once the judge signs, mail-served Notice of Entry of Judgment finalizes your divorce and terminates response obligations.

Tip: Label each exhibit (e.g., “Schedule A – Community Property”) so the clerk can initial and index your packet quickly.

Frequently Asked Questions

If your spouse has not yet requested a default, file FL-120 immediately and serve it. If a default was already entered, you must file a motion to set aside under Code of Civil Procedure §473(b) or Family Code §2122. The court will examine whether your delay was excusable and whether the other party will suffer prejudice. Act quickly—set-aside motions have strict time limits. Learn more in our guide to enforcing or setting aside orders.

More than 30 California counties offer e-filing for family-law documents. Check the county courts guide. Even where e-filing is available, you must still arrange personal or mail service on your spouse and file the signed Proof of Service electronically or in person.

California allows full self-representation, and court self-help centers provide limited guidance. However, consider consulting counsel if high-value property, complex custody disputes, or domestic violence is involved. Limited-scope representation—for example, paying an attorney only to review your FL-120—can strike a balance between cost and expertise.

Yes. Even uncontested cases require a complete disclosure of assets and debts. If you and your spouse agree, mark “Property rights reserved” and attach a signed settlement that lists how each item will be divided. The court will not sign a judgment without clear property terms.

The statewide filing fee for FL-120 is currently $435. If your income falls below the Federal Poverty Guidelines or you receive certain public benefits, file FW-001 to request a waiver. The clerk may ask for proof of income, so bring pay stubs or benefits letters.

Step-by-Step Checklist

  • Receive Summons & PetitionPending
  • Calculate 30-Day DeadlinePending
  • Choose Response PathPending
  • Complete Form FL-120Pending
  • Serve Your Spouse ProperlyPending
  • File with Court & Pay/Waive FeePending
  • Track Next Hearing or MediationPending

Related Guides

This material provides general information only and is not legal advice. Consult a qualified family-law attorney for guidance on your specific situation.