If you have been served with divorce papers in California, you are the respondent – and the clock is now running. You generally have 30 days to respond by filing Form FL-120. Responding to divorce papers protects your right to be heard on property, support, and custody. This guide explains how to respond to divorce papers in California, what Form FL-120 is, how to fill it out, the filing fee, and what happens if you do not respond.
CD&D Associates is a registered Legal Document Assistant service, not a law firm. This article provides general information, not legal advice. We prepare and file divorce response documents at your direction. We cannot advise you on how to respond to your specific case.
What Does It Mean to Respond to Divorce Papers?
When your spouse files for divorce, they serve you with a Petition (FL-100) and Summons (FL-110) – for how that delivery works, see our guide on how to serve divorce papers in California. Responding to divorce papers means filing your own form – the Response, Form FL-120 – with the court and sending a copy to your spouse. Filing a response tells the court you want to take part in decisions about your property, debts, support, and children.
Responding does not mean you are fighting the divorce, and it does not stop the divorce. California is a no-fault state, so a divorce can move forward even if one spouse disagrees. A response simply preserves your voice in the outcome.
Your Options After Being Served
As the respondent, you generally have three choices:
- File a Response (FL-120). Filing a Response allows you to participate in the case and tell the court what orders you want for property, support, and your children.
- Agree and handle it as an uncontested divorce. If you and your spouse agree on everything, you can still file a Response and then settle, or use a written agreement so the case proceeds smoothly.
- Do nothing. If you do not respond within 30 days, your spouse can ask the court to proceed by default, and the court can decide the case without your input. We cover this in Default Divorce in California: What Happens When a Spouse Doesn’t Respond.
How Long Do You Have to Respond to Divorce Papers in California?
You normally have 30 days from the date you were served to file your Response (FL-120). If the 30 days pass and your spouse has not yet had a default entered, you may still be able to file a Response – but you should not count on that. The safest approach is to respond within 30 days, because once the deadline passes your spouse can ask the court to proceed by default.
What Is Form FL-120?
Form FL-120 is the Response – Marriage/Domestic Partnership, the official California form a respondent files to answer a divorce petition. The FL-120 form mirrors the Petition (FL-100): it asks about your marriage, your children, and what you are requesting for custody, support, and property. Filing the FL-120 is how you formally become an active party in the case.
How to Fill Out Form FL-120
The FL-120 form is organized into numbered sections that track the Petition. In plain terms, you will address:
- Relationship and residency – confirming your marriage or domestic partnership and that California’s residency requirements are met
- Statistical facts – your date of marriage and date of separation
- Minor children – identifying any minor children of the marriage (if you have minor children, you also file the UCCJEA declaration, Form FL-105)
- Legal grounds – usually irreconcilable differences
- Child custody and visitation (parenting time) – what arrangement you are requesting
- Child support and spousal support – what you are asking the court to order
- Separate property and community property – what you believe should be confirmed or divided
- Other requests – such as a former name or attorney’s fees
You then sign the FL-120, file it with the same court handling your case, and serve a copy on your spouse. Because the response shapes the entire case, many people have a Legal Document Assistant prepare the FL-120 to make sure nothing important is missed.
Do You Have to Serve Your Response?
Yes. After you file your FL-120, a copy must be served on your spouse (the petitioner) or their lawyer. Service of a Response is done by another adult who is not part of the case, using regular first-class mail – California Courts specifically says to avoid certified or registered mail for this step. The server then completes a Proof of Service by Mail (FL-335), which is filed with the court. You do not mail it yourself.
Financial Disclosures After You File Your Response
Filing the FL-120 is not the only paperwork a respondent owes. Financial disclosures are a separate step. You must share your preliminary declaration of disclosure with your spouse within 60 days after filing your Response. These disclosure documents are generally exchanged between spouses rather than filed with the court; you then file a Declaration Regarding Service of Declaration of Disclosure (FL-141) to confirm you served them.
A preliminary disclosure typically includes the Schedule of Assets and Debts (FL-142) and the Income and Expense Declaration (FL-150). You can use the Property Declaration (FL-160) if you need additional space to list property and debts. Our guide to financial disclosure requirements explains these forms in detail.
How Much Does It Cost to Respond to Divorce Papers?
Filing a Response in California usually requires a first-appearance filing fee of about $435 to $450, depending on the court. If you cannot afford the fee, you can apply for a fee waiver using the Request to Waive Court Fees (FW-001); if the court approves it, your filing fee is waived. For a broader breakdown, see our divorce cost and filing fees guide.
Responding When You Agree With the Divorce
You do not have to disagree to respond. If you and your spouse agree on the terms, filing a Response keeps you fully involved while the two of you settle the case as an uncontested divorce. Agreeing can make the process faster and cheaper – but filing your FL-120 still protects you if anything changes later.
What Happens If You Don’t Respond to Divorce Papers?
If you miss the 30-day deadline, your spouse can ask the court to proceed by default, and the court can decide the case without your input. We explain how that works, and what you can do about it, in our dedicated guide: Default Divorce in California: What Happens When a Spouse Doesn’t Respond.
How CD&D Associates Can Help
Responding to divorce papers on time and correctly is one of the most important steps you can take to protect your rights. CD&D Associates prepares your Response (FL-120), your financial disclosures, and your proof of service as part of our divorce document preparation service – at a flat fee, without the cost of an attorney. We serve Santa Maria, Lompoc, Buellton, and all of California by phone or Zoom. For contested or complex cases, the California courts recommend consulting an attorney. Served with divorce papers and not sure what to do? Contact us for a free consultation.
Frequently Asked Questions
How long do I have to respond to divorce papers in California?
Generally 30 days from the date you were served. You and your spouse can agree in writing to extend the deadline.
What form do I file to respond to a divorce petition in California?
Form FL-120, the Response – Marriage/Domestic Partnership. It is the official response to a divorce petition in California.
Do I have to respond to divorce papers?
You are not required to, but if you do not respond within 30 days, your spouse can ask the court to proceed by default and decide the case without your input.
How much does it cost to respond to a divorce in California?
The first-appearance filing fee is usually about $435 to $450, depending on the court. If you cannot afford it, you can request a fee waiver with Form FW-001.
Does filing a response stop the divorce?
No. California is a no-fault state, so the divorce can proceed even if you disagree. Filing a Response preserves your right to be heard on the terms.
Can I respond to divorce papers without a lawyer?
Yes. Many people respond without hiring an attorney. A Legal Document Assistant can prepare your FL-120 and related forms at your direction.
What happens if I don’t respond to divorce papers in time?
Your spouse can request a default after 30 days. The court can then decide the case based on the petition alone, so it is important to respond or seek help quickly.
