How to Respond to
Divorce Papers in California

You’ve Been Served — Don’t Panic, but Act Fast

Take a breath. Being served with divorce papers is one of the most stressful moments a person can experience, but it is not the end of the world — it is the beginning of a legal process, and you have rights within that process. The single most important thing you can do right now is not ignore what you have been handed.

You have 30 calendar days from the date you were served to file a formal Response with the court. CCP §412.20 This is not a suggestion. It is a hard deadline. If you do not respond within that window, your spouse can ask the court to enter a default judgment — meaning they can get exactly what they asked for in their Petition, and you will have surrendered your right to contest any of it. Custody, property division, spousal support, child support — all decided without you at the table.

So here is what to do right now: read everything you were served. Do not throw it in a drawer. Do not assume you can deal with it later. Read it carefully, note the date you were served, and call an attorney. The consultation is free, and the stakes are too high to guess.

Understanding What You’ve Been Served With — The Petition Is Not a Court Order

The stack of papers you received can feel overwhelming, but every document has a specific purpose. Understanding what you are looking at will help you respond effectively.

The Petition (FL-100)

The Petition for Dissolution of Marriage (FL-100) is what your spouse is asking the court to do. It is not a court order. It is not a final decision. It is a request. It outlines what your spouse wants — regarding property, support, custody, debts — but the court has not granted any of it yet. Your spouse does not get what they asked for simply by filing the Petition. That is exactly why your Response matters: it puts your position on the record. If you are learning more about the filing process from the other side, see our guide to filing for divorce in Riverside County.

The Summons (FL-110)

The Summons is the document that formally notifies you of the legal action and, critically, imposes Automatic Temporary Restraining Orders (ATROs) on both you and your spouse. FC §2040 Unlike the Petition, the ATROs printed on the Summons are immediately binding on both parties from the moment of service. We cover exactly what these orders restrict in a section below.

The UCCJEA Declaration (FL-105)

If your marriage involves minor children, you should also have received a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120). This form identifies where the children have lived for the past five years and is used by the court to determine which state — and which court — has jurisdiction over custody decisions.

The 30-Day Deadline — How It Works and When It Starts

The response deadline is governed by CCP §412.20 and is straightforward: you have 30 calendar days from the date of service to file your Response (FL-120) with the court. Not 30 business days — 30 calendar days, including weekends and holidays. If the 30th day falls on a weekend or court holiday, your deadline extends to the next business day.

What Counts as the Service Date?

The service date is the date the papers were physically handed to you (personal service) or, in the case of substituted service, the date they were left with a responsible person at your home or workplace. This date is documented on the Proof of Service (FL-115) that your spouse files with the court.

Exceptions to the 30-Day Rule

• Substituted service: If you were not personally handed the papers but instead they were left with someone at your home or workplace and then mailed to you, you may have 40 days from the date of mailing to respond.
• Service by publication: If your spouse served you by publishing the Summons in a newspaper (used when a respondent cannot be located), different timelines apply and the court will specify the deadline.
• Service outside California: If you were served outside the state, you generally have 60 days to respond.

How to File Your Response — Step by Step

Filing a Response is a multi-step process, but none of the steps are complicated if you approach them methodically. Here is exactly what you need to do:

Step 1: Fill Out Form FL-120 (Response)

The Response — Marriage/Domestic Partnership (FL-120) is the mirror image of the Petition. It asks the same questions and gives you the opportunity to state your position on every issue: grounds for divorce, custody, property, support, and debts. All Judicial Council forms are available for free at courts.ca.gov. Do not leave any section blank — if something does not apply, write “N/A.”

Step 2: Complete Additional Required Forms

• FL-105/GC-120 (Declaration Under UCCJEA) — Required if you have minor children. You must file your own UCCJEA declaration, even if your spouse already filed one with the Petition.
• FL-150 (Income and Expense Declaration) — Required if you are requesting spousal support, child support, or attorney fee contributions. This form details your income, expenses, assets, and debts.

Step 3: File at the Courthouse

File your completed forms with the same court where the Petition was filed. Check the case number on the Petition to confirm the filing location. For most Temecula and Murrieta residents, this is the Southwest Justice Center at 30755-D Auld Road, Murrieta, CA 92563. You can also file at the Riverside Family Law Courthouse or use electronic filing (e-filing) through an approved vendor.

Step 4: Pay the Filing Fee

The filing fee for a Response in Riverside County is approximately $435–$450 as of 2026. If you cannot afford this fee, file Form FW-001 (Request to Waive Court Fees) at the same time. If you receive public benefits (CalWORKs, SSI, Medi-Cal, food stamps) or your household income falls below certain thresholds, you will likely qualify for a full fee waiver. The court cannot refuse to accept your Response simply because you cannot pay.

Step 5: Serve a Copy on Your Spouse

After filing, you must serve a copy of your filed Response on your spouse or their attorney. Unlike the initial Petition, the Response can be served by mail — you do not need personal service. Have someone other than yourself mail the documents and complete a Proof of Service by Mail (FL-335), which you then file with the court.

What to Include in Your Response — Your Position Matters

The Response is not a formality. It is your first and most important opportunity to put your position on the official court record. For every item in the Petition, you can agree, disagree, or partially agree. Here is where to focus your attention:

Custody and Visitation

If you have children, your Response should state your preferred custody arrangement — whether you are seeking joint legal custody, joint physical custody, sole custody, or a specific visitation schedule. If you disagree with what your spouse requested, say so clearly. The court will not know your position unless you put it in writing.

Property and Debts

California is a community property state. All assets and debts acquired during the marriage are presumed to be community property and must be divided equally. FC §2550 If you believe certain assets are your separate property (owned before marriage, inherited, or received as a gift), identify them in your Response. If you disagree with how your spouse has characterized certain property, state your objection.

Spousal Support

Your Response should state whether you are requesting spousal support, whether you agree to pay it, or whether you oppose your spouse’s request. This is a critical issue that depends on the length of the marriage, each spouse’s income, and the 14 statutory factors under FC §4320.

Filing a Cross-Petition

You are not limited to responding to your spouse’s requests. You can also file your own requests by checking the appropriate boxes on the FL-120. This is sometimes called a cross-petition. For example, if your spouse did not request spousal support but you want to, or if your spouse asked for sole custody but you want joint custody, the Response is where you make those requests. This ensures that even if your spouse later dismisses their Petition, your case remains active.

What Happens If You Don’t Respond — Default Judgment

If you do not file a Response within 30 days, your spouse can request a default by filing Form FL-165 (Request to Enter Default) with the court. A default means you have forfeited your right to participate in the proceedings. Here is what that looks like in practice:

• Your spouse controls the narrative. The court will rely entirely on the Petition and any supporting declarations your spouse submits. Your side of the story goes unheard.
• The court can grant everything the petitioner asked for. Custody, visitation, property division, spousal support, child support — all decided based solely on your spouse’s requests and evidence.
• You lose your right to contest. You cannot show up at a later hearing and argue against the terms. The judgment is entered, and that is the end of the matter — absent extraordinary relief.

Can You Set Aside a Default?

Yes, but it is significantly harder than simply responding on time. Under CCP §473(b), you can file a motion to set aside a default judgment if you can show that it was entered due to mistake, inadvertence, surprise, or excusable neglect. This motion must be filed within 6 months of the date the default was entered. The court has discretion to grant or deny it, and you will need to demonstrate a valid reason — “I forgot” or “I did not think it was important” will not be enough.

The ATROs — What You Can and Cannot Do Now

The moment you were served with the Summons (FL-110), a set of Automatic Temporary Restraining Orders (ATROs) went into effect. These are not optional. They are binding court orders under FC §2040 and they apply to both spouses — the petitioner became bound when they filed the Petition, and you became bound when you were served. Violating them can result in contempt of court and serious sanctions.

What the ATROs Prohibit

• Removing minor children from the state without the prior written consent of the other parent or a court order. No surprise trips out of California with the kids — not even to visit family. See our guide on taking children out of state.
• Hiding, transferring, selling, or destroying community property — except in the ordinary course of business or for the necessities of life. You cannot drain joint bank accounts, sell the car, or give away valuable assets.
• Changing beneficiaries on insurance policies — you cannot cancel or modify any health, life, automobile, or other insurance policies held for the benefit of either spouse or the children.
• Creating non-essential new debts — you cannot take out new loans or run up credit card balances secured by community property beyond what is necessary for normal living expenses.

What the ATROs Do Allow

The ATROs are not a total freeze on your life. You can still pay normal bills, buy groceries, use community funds for the necessities of daily life, and conduct routine business transactions. The restriction targets extraordinary transactions designed to hide, waste, or unilaterally control community assets.

Next Steps After Filing Your Response — What Happens Now

Filing your Response is the critical first step, but the divorce process has only begun. Here is what comes next:

Mandatory Financial Disclosures (Within 60 Days)

Both spouses are required to exchange Preliminary Declarations of Disclosure within 60 days of filing. FC §2104 This includes:

• FL-140 (Declaration of Disclosure) — The cover sheet for your financial disclosure package.
• FL-142 (Schedule of Assets and Debts) — A comprehensive inventory of every asset and debt, community and separate, including real estate, bank accounts, retirement accounts, vehicles, credit cards, and business interests.
• FL-150 (Income and Expense Declaration) — Your current income, tax withholdings, and monthly expenses, supported by recent pay stubs and tax returns.

These documents are served directly on your spouse — they are not filed with the court — but you must file a Declaration Regarding Service (FL-141) confirming that you served them. Failure to provide complete disclosures carries severe penalties under FC §2107, including the potential loss of undisclosed assets.

Mandatory Mediation for Custody Disputes

If you and your spouse disagree about child custody or visitation, Riverside County requires you to attend mandatory mediation through Family Court Services before a judge will hear the dispute. FC §3170 Riverside County uses a recommending model — if you cannot reach an agreement in mediation, the mediator will make a recommendation to the judge, and that recommendation carries significant weight. Learn more about the mediation process.

Temporary Orders If Needed

If urgent issues need to be addressed before the final judgment — temporary custody arrangements, child support, spousal support, exclusive use of the family home, or attorney fee contributions — either party can file a Request for Order (FL-300). This motion is typically heard within 4–6 weeks in Riverside County.

Settlement vs. Litigation

The vast majority of divorce cases in California settle without going to trial. Once both sides have exchanged disclosures and understand the financial picture, negotiations begin — either directly, through attorneys, or in mediation. If you can reach an agreement on all issues, you can submit an uncontested divorce judgment package to the court. If you cannot, the unresolved issues go to trial before a family law judge. Your attorney’s job is to help you evaluate your options realistically and pursue the strategy that best protects your interests.