What Is a Divorce Response?
A divorce Response tells the court that the respondent is participating in the divorce, legal separation, or nullity case.
The person who starts the case is called the petitioner. The other person is called the respondent. If the respondent wants to file their own position with the court, they generally do so by filing a Response.
The Response gives the respondent an opportunity to identify what they agree or disagree with and what orders they want the court to make.
The Response Is Form FL-120
In a California divorce, legal separation, or nullity case, the standard Response form is FL-120.
The Response does not resolve the case by itself. It identifies the issues and requests that the respondent wants included in the case.
- the marriage or domestic partnership
- date of marriage
- date of separation
- minor children
- child custody
- child support
- spousal support
- property division
- debt division
- attorney's fees
- restoration of a former name
A Response Is Filed After Service
A Response is filed after the respondent has been served with the Petition and Summons.
The Petition starts the case. The Summons gives formal notice that a court case has been opened and explains important rules that apply once the divorce papers have been served.
After being served, the respondent may file a Response if they want to participate in the case.
Deadline to File a Response
In California, the respondent generally has 30 days after being served to file a Response.
If no Response is filed, the petitioner may be able to ask the court to enter default. A default can allow the case to move forward without the respondent's participation.
Filing a Response prevents the case from proceeding as a default case, unless the Response is later withdrawn or another procedure applies.
What the Response Does
The Response allows the respondent to tell the court what they want in the divorce case.
For example, the respondent may use the Response to request orders about property, debts, child custody, child support, spousal support, attorney's fees, or other issues.
The Response also allows the respondent to identify a different date of separation, raise separate property claims, request support, or disagree with the requests made in the Petition.
What Happens If No Response Is Filed?
If the respondent does not file a Response, the case may proceed by default.
Default does not automatically finish the divorce. The petitioner must still complete the required paperwork and submit a judgment package for the court to review.
However, if default is entered, the respondent may lose the ability to participate in the case unless the court later sets aside the default.
Response vs. Petition
The Petition starts the divorce case. The Response does not start the case.
The Petition is filed by the petitioner. The Response is filed by the respondent.
Both documents identify the issues each party wants the court to address. The Petition states what the petitioner is requesting. The Response states what the respondent is requesting.
Response vs. Agreement
A Response is not the same as a divorce agreement.
A Response tells the court that the respondent is participating in the case and identifies the respondent's requested orders. A divorce agreement resolves the actual terms of the divorce.
In some cases, a respondent may file a Response even if both parties expect to reach an agreement. In other cases, the parties may proceed by default with agreement, where the respondent does not file a Response but signs a written agreement.
Why the Response Matters
The Response can be important because it preserves the respondent's participation in the divorce case.
It can also be important when there are disagreements about major issues in the case.
- date of separation
- child custody
- child support
- spousal support
- real estate
- retirement accounts
- bank accounts
- debts
- separate property
- reimbursement claims
- attorney's fees