How do I file a response if I have been served with a petition for dissolution of marriage in California?
To respond to a dissolution of marriage petition in California, you must file a Response (Form FL-120) with the court within 30 days of being served. Here are the steps to formally respond to the case.
Step 1: Read All Served Documents
Carefully review the Summons (FL-110) and Petition (FL-100). The Summons specifies your 30-day deadline to respond and contains Automatic Temporary Restraining Orders (ATROs) on the back, which you must obey immediately.
Step 2: Complete the Response Form
Obtain and fill out the Response — Marriage/Domestic Partnership (Form FL-120). You can find this form on the California Courts website (courts.ca.gov). In the Response, you will state which parts of your spouse's Petition you agree or disagree with, regarding issues like property division and spousal support. If you have minor children with your spouse, you must also complete a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105).
Step 3: File Your Forms with the Court
Make at least two copies of your completed forms. File the original and copies with the clerk at the same courthouse where the Petition was filed. You will have to pay a filing fee unless you qualify for a fee waiver. The clerk will stamp your forms and return the copies to you.
Step 4: Serve Your Spouse
You cannot serve the papers yourself. Arrange for another adult (at least 18 years old) to mail one copy of the filed Response to your spouse or their attorney. This person is your "server."
Step 5: File the Proof of Service
Your server must fill out and sign a Proof of Service by Mail (Form FL-335). File the original, completed Proof of Service form with the court clerk. This proves to the court that you legally notified your spouse of your Response.
Important considerations: The 30-day deadline is critical. If you fail to file a Response on time, your spouse can request a "default," which allows the court to make final judgments on all issues without your input. The ATROs prevent both of you from selling property, taking your children out of state, or changing insurance policies without a court order or written agreement.
Note: This process covers the initial response. Disclosing financial information and negotiating a final settlement are separate, subsequent steps.
This is general information and does not constitute legal advice. For complex situations involving children, significant assets, or disagreements, you should consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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