FL-120 is the response form used when a spouse receives a California divorce petition. It tells the court the responding spouse’s position on the marriage, property, support, and any issues involving children. In an Orange County divorce, the response is filed in the existing case using the same case number.
The usual deadline is 30 days after service of the summons and petition. If no response is filed, the other spouse may request a default, which can allow the case to proceed without the responding spouse’s participation. The deadline does not mean the divorce becomes final after 30 days.
The form asks for information about the marriage, separation date, children, property, debts, and requested orders. Filing a response does not require agreement with everything in the petition. It gives the responding spouse a way to identify their own requests.
When the spouses have minor children together, FL-105 provides the children’s residence history and information about other custody proceedings. Additional attachments or local forms may be required. A filing fee generally applies, although an eligible person can request a fee waiver.
Yes. Filing with the court and serving the other spouse are separate steps. A person who is at least 18 and is not a party to the case generally mails the response to the spouse or their attorney. The server completes the proof of service, usually FL-335 for mail service, which is then filed with the court.
The responding spouse generally must exchange preliminary financial disclosures within 60 days of filing the response. The financial disclosure guide explains the documents and what gets filed.
A separate Request for Order using FL-300 may be needed to ask for temporary orders while the divorce is pending.
No. The case still requires the remaining paperwork and a court judgment. Filing a response does not end the marriage.
No. FL-120 responds to the divorce petition. FL-320 is generally used to respond to a Request for Order.
A response may still be filed if the court has not entered a default. Once default is entered, additional court procedures are required before a response can be filed.
For related topics, see the guide to family law documents in Orange County. Document preparation information is available on the family law document preparation page.
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