FL-110 Guidance: Summons | Gavel

FL-110 Guidance: Summons (California)

The FL-110 Summons form is used when initiating divorce proceedings in California, notifying the respondent of the legal action and setting forth essential information, including the consequences of not responding within 30 days, as well as listing the automatic temporary restraining orders ("ARTOs") against both parties until the court resolves the matter. Jump to guide on filling it out.

When you need form FL-110

The FL-110 Summons form is required during the initial phase of filing a divorce, legal separation, nullity, paternity or other family law action in California. When someone decides to initiate a proceeding, they must notify the other party legally, which is where the Summons comes into play. This essential form marks the beginning of the court process by informing the respondent (the other party) that legal action has been initiated against them and they have 30 days to respond.

• Filing a Petition for Dissolution (FL-100): The petitioner will generally complete this form right before the FL-110, which formally requests the end of the marriage or domestic partnership.
• Notice and Acknowledgment of Receipt (FL-117): If the respondent is served by mail, this form accompanies the Summons, ensuring official acknowledgment of reception.
• Trigger Event: A significant trigger for needing this form is the petitioner’s decision to formally start the divorce or legal separation process, requiring proper legal notification to the other party.

Once the Summons and its accompanying documents are served, the respondent has 30 days to answer by filing a Response (form FL-120). At this stage, it is crucial for both parties to comprehend their rights and obligations, including understanding the automatic temporary restraining orders that prevent any changes to finances, assets, insurance and custodial situations until the court has made decisions. California law permits the Summons and case information to be given to law enforcement anywhere in the state for the purposes of enforcing the automatic temporary restraining orders against either party.

How to file form FL-110

1. Obtain the Form: Download the FL-110 Summons form from the California Courts website or collect it in person from your local family court.
2. Complete the Form: Fill out the form with the required information, including the names of both parties and other requested details.
3. File the Form with the Court: Submit the completed form to the clerk at the family law court where the divorce proceedings will be filed.
4. Serve the Forms: Ensure that the Summons and Petition are legally served to the other party, following California's service of process rules.
5. Pay the Filing Fee: Pay the necessary filing fee or submit an application for a fee waiver if you qualify for one.

Tips for filling out form FL-110

When completing form FL-110, pay special attention to these less obvious sections:

• Health Insurance Notice: If you or someone in your household needs affordable health insurance, consider applying for Covered California. It can help in reducing healthcare costs. Check if you are eligible and apply if necessary.
• Respondent's Time Limit: You have 30 calendar days to file a Response after being served with this Summons and Petition. This is a strict deadline, so consider marking it on your calendar immediately to ensure you don't miss it.
• Fee Waiver Option: If you cannot afford the filing fee, ask the clerk for a fee waiver form right away. Be aware that the court might order you to pay back these fees later, so factor this into your financial planning.
• Restraining Orders: There are automatic restraining orders included in this Summons that take effect immediately upon service. These orders restrict certain financial transactions and relocation of minor children. Make sure you understand these restrictions as violating them can have serious legal consequences.

What to do after filing form FL-110

1. Ensure you have served a copy of the filed Response (form FL-120) to the petitioner, meeting the required legal service guidelines.
2. Wait for the petitioner’s reply or counter-response, which may include proposed terms for the divorce, property division, or custody arrangements.
3. Consider attending mediation sessions if ordered by the court or if you and the petitioner wish to negotiate terms amicably.
4. Review any temporary court orders regarding child custody, support, or property use that may be issued while awaiting further proceedings.
5. Prepare for and attend any scheduled court hearings, where the judge may issue further orders or set dates for trial, if necessary.

Related Forms

FL-100: Divorce Petition

The FL-100 Divorce Petition form is used in California to initiate the legal process for dissolving a marriage or domestic partnership, seeking a legal separation, or requesting nullity due to specific legal grounds.

FL-110: Summons

The FL-110 Summons form is used when initiating divorce proceedings in California, notifying the respondent of the legal action and setting forth essential information, including the consequences of not responding within 30 days, as well as listing the automatic temporary restraining orders ("ARTOs") against both parties until the court resolves the matter.

FL-105: UCCJEA

The FL-105 UCCJEA form is used in California during child custody cases, often as part of and required to complete divorce proceeding, to declare the child's residential history and identify any existing custody orders in order to ensure proper jurisdiction and enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act.

FL-115: Proof of Service

The FL-115 Proof of Service of Summons form is used in California family law cases, including those involving parentage, custody, and support, to document that the respondent has been properly served with legal documents to commence the action.

FL-117: Notice and Acknowledgement of Receipt

The FL-117 Notice and Acknowledgment of Receipt form is used in California divorce proceedings to document a recipient's acknowledgment of consent to and receiving legal documents related to the case by mail, ensuring the process of serving these documents is legally recognized.

FL-141: Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration

The FL-141 form must be completed during divorce proceedings in California to officially declare that a Preliminary or Final Declaration of Disclosure, along with an Income and Expense Declaration, has been served to the other party, ensuring both parties have exchanged essential financial information as required by law.

FL-300: Request For Order

The FL-300 Request for Order ("RFO") form is used by individuals seeking the court's intervention to modify or request orders related to child custody, support, visitation, spousal support, attorney's fees or other family law matters in California that cannot wait until the end of the case.

FL-311: Child Custody and Visitation

The FL-311 Child Custody and Visitation form is used when parents or parties involved in a child custody case in California need to detail arrangements for custody and parenting time, including any special conditions like supervised visitation or transportation instructions.

FL-335: Proof of Service by Mail

Use the FL-335 Proof of Service by Mail form when you need to confirm that you have served court documents to another party by mail in a legal proceeding in California, ensuring compliance with procedural rules.

FL-341: Child Custody and Visitation (Parenting Time)

The FL-341 Child Custody and Visitation (Parenting Time) Order Attachment form is used in California when there is a need to outline specific child custody and visitation arrangements following a court decision or agreement, ensuring lawful compliance with agreed-upon parenting terms.

FL-342: Child Support Order

The FL-342 Child Support Order form is used when a court needs to establish or modify a child support order as part of a legal proceeding, ensuring that all required financial details and agreements are documented for the welfare of the child involved.

FL-140: Declaration of Disclosure

The FL-140 Declaration of Disclosure form is used in both contested and uncontested California divorce proceedings to provide an accurate and complete disclosure of financial information, including assets, debts, and investment opportunities, which must be exchanged between parties as part of both preliminary ("PDD") and final ("FDD") legal requirements before a court will issue a divorce decree.

FL-142: Schedule of Assets and Debts

The FL-142 Schedule of Assets and Debts form is used during divorce proceedings in California to list all known community and separate assets and debts, providing a detailed account of the financial situation for equitable distribution.

FL-144: Waiver of Final Declaration of Disclosure

The FL-144 Waiver of Final Declaration of Disclosure form is used during a divorce in California when both parties agree to waive the requirement for a final declaration of disclosure, having already exchanged preliminary declarations and current financial information, thereby simplifying the finalization process of their divorce.

FL-145: Form Interrogatories

The FL-145 Form Interrogatories—Family Law are pre-established set of questions and demands used during divorce proceedings in California to quickly and efficiently exchange relevant information regarding assets, debts, and other financial matters between spouses or domestic partners.

FL-150: Income and Expense Declaration

The FL-150 Income and Expense Declaration form is used in California divorce proceedings to provide detailed information about a party's financial situation, including income, expenses, and assets, to assist the court in determining matters such as spousal support, child support, and attorney fees.

FL-155: Financial Affidavit

The FL-155 Financial Affidavit form is used in California during divorce proceedings for individuals who exclusively receive income from specific sources income types such as wages, UI, or SSI benefits, and need to disclose their simplified financial details to the court.

FL-160: Declaration of Assets

The FL-160 form is used in California divorce proceedings to declare and itemize both community and separate property assets and debts, providing a clear proposal for their division between parties involved. This can be used as an attachment to Declaration of Disclosure (FL-140) or you may use Schedule of Assets and Debts (FL-142) instead.

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