Quick Answer
The spouse or domestic partner who received the Petition is the respondent. The respondent generally has 30 days after service to file FL-120 if they want to participate and state their own requested orders. The current Judicial Council version of FL-120 is revised January 1, 2020.
Complete the Response using the same court, case number, and party labels shown on the filed Petition. File the original, obtain filed copies, and then have another adult serve a copy on the petitioner or the petitioner's lawyer. California Courts' ordinary response workflow uses service by mail and Proof of Service by Mail (FL-335).
FL-120 records the respondent's position; it is not a settlement agreement or a judgment. The spouses still need to complete financial disclosures and finish the case through an agreement, default procedure, trial, or another legally available path.
Check the Deadline and Gather Information First
Start With the Filed Papers You Received
Keep the filed Petition, Summons, and proof or acknowledgment showing how and when service occurred. The general deadline is 30 days after service, but the operative date can depend on the service method. The detailed FL-115 service guide explains how proof of service documents the opening service. If the deadline is close, has passed, or a default may already have been entered, check the court file promptly and consider legal advice.
Information to Collect
- The filed Petition and Summons, including the court address, case number, and exact party names
- The marriage or domestic-partnership date and the respondent's good-faith date of separation
- Each minor child's full name, birthdate, and address history when children are involved
- A working list of real estate, accounts, vehicles, retirement benefits, other assets, and debts
- The respondent's requested custody, parenting-time, child-support, and spousal-support terms
- Any separate-property claim, reimbursement issue, attorney-fee request, or former-name request
- The court's current local forms, filing options, and fee or fee-waiver instructions
Complete the Caption and Basic Case Information
Match the Existing Caption
Copy the superior court, branch address, petitioner name, respondent name, and case number from the filed Petition. Do not switch the party labels because the respondent is now filing a paper, and do not open a new case. If the petitioner uses a middle name, suffix, or other identifying detail in the caption, keep it consistent.
At the top left, a self-represented respondent provides their own contact information and identifies themselves as the party without an attorney. A represented respondent uses counsel's information. Ask the court or a lawyer for guidance before placing a sensitive address on a public filing.
Identify the Relationship and Requested Remedy
Indicate whether the case concerns a marriage, domestic partnership, or both, and whether the response concerns divorce, legal separation, or nullity. Those are different remedies. A respondent should not select nullity merely because the marriage was short or difficult; nullity requires a legally recognized ground.
Complete the residence information requested by the form. California divorce and county filing requirements are not identical to the rules for every legal-separation or domestic-partnership matter, so get court or legal guidance if the parties recently moved, live in different states, or are relying on a special same-sex-marriage provision.
Address the Marriage Dates and Minor Children
Marriage and Separation Dates
Enter the marriage or registration date, the respondent's date of separation, and the length requested on the form. Compare those entries with the Petition, but do not copy a date the respondent genuinely believes is wrong. A disputed separation date can affect property, debt, and support issues and is a sensible reason to obtain legal advice.
Minor Children and Form FL-105
State whether the petitioner and respondent have minor children together and list them accurately. When they do, the respondent generally files a completed Declaration Under UCCJEA (FL-105) with the Response. See how to complete Form FL-105 for the required residence and prior-case history. Do not omit a child because the parents already agree about custody or because the child was born before the marriage.
State the Orders the Respondent Wants
FL-120 gives the respondent a place to request orders. The Petition states the petitioner's requests; it does not automatically preserve the respondent's position. Read every request section and make deliberate selections based on what the respondent wants the court to be able to address.
Child Custody, Parenting Time, and Child Support
Identify the requested legal custody, physical custody, and parenting-time arrangement. The form allows supporting custody attachments when more detail is needed. The child-support section gives notice that support is at issue; it does not calculate or award a specific amount by itself. Temporary orders generally require additional forms and a separate request.
Spousal or Domestic-Partner Support
The respondent can request support, ask the court to terminate its ability to award support to a party, ask to reserve the issue, or specify another request where the form allows. These choices can have lasting consequences. Do not assume that checking a box on the Petition protects a different or reciprocal request by the respondent.
Separate Property, Community Property, and Debts
List or properly incorporate the property and debt the respondent wants confirmed as separate property, and request determination of rights in community and quasi-community assets and debts when appropriate. Optional Property Declaration (FL-160) can provide more room. Use consistent descriptions and account-identifying details, while avoiding unnecessary confidential numbers in a public filing.
Attorney's Fees, Former Name, and Other Requests
Complete the attorney-fee and cost request if applicable. A respondent who wants a former name restored can state that name in the designated space. Use the other-request section or an attachment only when needed, label attachments clearly, and make sure the response and every attachment say the same thing.
Sign, Copy, and File the Response
Review the Form and Local Requirements
Check the caption, case number, dates, child information, requests, attachment labels, and page count before signing. The respondent signs under penalty of perjury. California forms are statewide, but counties may require local coversheets, filing procedures, or electronic-filing steps. Check the court's website or self-help center.
Filing Fee or Fee Waiver
A filing fee ordinarily applies to a Response, but the amount can change. Verify the current statewide and local fee schedule instead of relying on an old dollar figure. A respondent who cannot afford the fee may ask the court for a fee waiver using the current court forms and eligibility rules. Fee-waiver papers are confidential and are not served with the Response.
File Before Arranging Service
Follow the court's filing method and keep a filed copy. If filing at the counter or by mail, California Courts instructs respondents to provide the original and two copies. One filed copy is retained for the respondent and the other is served. Filing by mail or online may be available, but county procedures differ.
Serve the Filed Response and Use Form FL-335
Service of a filed Response is different from service of the opening Petition and Summons. Opening papers are ordinarily served in person and documented with FL-115; see the proof of service of summons guide. California Courts' ordinary procedure for a Response is for another adult to mail the filed Response and related filed papers, then complete Proof of Service by Mail (FL-335).
- Choose a server who is at least 18 and is not a party to the case.
- Give the server a filed copy of FL-120 and every other paper filed with it, except confidential fee-waiver papers.
- The server ordinarily mails the papers by regular first-class mail to the petitioner, or to the petitioner's lawyer if the petitioner is represented.
- The server accurately completes and signs FL-335, including the mailing date, mailing location, recipient, address, and documents served.
- Make a copy of the signed FL-335, file the original with the court, and retain the filed copy with the case records.
If a different authorized service method is used, the correct proof may be different; for example, personal service is generally documented on FL-330. Do not use FL-115 to prove ordinary service of the Response merely because FL-115 was used for the opening papers.
A Response, an Agreement, and Default Are Different
Filing a Response Does Not Automatically Make the Divorce Contested
A Response makes the respondent a participating party and states the respondent's requests. Spouses can still negotiate, sign an agreement, and submit an uncontested judgment after a Response is filed. A case becomes disputed because the spouses cannot resolve one or more issues, not simply because FL-120 exists in the file.
Do You Need to File a Response if You Agree?
A cooperative respondent may file a Response and still finish by agreement. Another available structure is default with agreement, in which the respondent does not file a Response but both spouses sign a written settlement agreement. California Courts' current instructions require the nonresponding spouse's signature on that agreement to be notarized. The better choice depends on the desired procedure, filing cost, timing, and whether the respondent needs to preserve an independent position. Agreement alone should not be treated as a substitute for understanding the consequences of not responding.
What if No Timely Response Is Filed?
After the response period expires, the petitioner may ask the court to enter default. Default does not automatically complete the divorce: the petitioner must still satisfy disclosure and judgment requirements, and the court must review the requested relief. Once default is entered, the respondent generally cannot participate unless the default is set aside or another permitted procedure applies. If the 30 days have passed but no default has been entered, the court may still accept a Response; verify the docket and current procedure immediately.
FL-120 After Revocation of a Joint Petition
California's joint-petition procedure uses FL-700 and identifies the spouses as Petitioner 1 and Petitioner 2. Either person may revoke the joint process before the judgment is final. Revocation moves the same case into the regular petition-and-response process; it does not close the case or require a new case number. The existing waiting-period clock continues, and the orders on the joint Summons (FL-710) remain in effect.
Under the current California Courts instructions, the person revoking files Notice of Revocation of Joint Petition (FL-720, revised July 1, 2026) together with an amended pleading. Petitioner 1 files an amended FL-100 and becomes the petitioner. Petitioner 2 files an amended FL-120 and becomes the respondent.
After filing, both the revocation notice and amended pleading must be served on the other person under the rules that apply. A server who is at least 18 and not a party may serve by mail or in person as permitted and must complete the appropriate proof of service. The person receiving those papers generally has 30 calendar days after service to file the corresponding amended pleading: amended FL-120 for former Petitioner 2 or amended FL-100 for former Petitioner 1. Because this is a newer procedure, check the current FL-720 and local court instructions.
Common Mistakes With Form FL-120
- Using a new case number or reversing the petitioner and respondent labels
- Waiting until the end of the 30-day period without confirming the actual service date
- Copying a marriage or separation date that the respondent believes is inaccurate
- Omitting a child or failing to file FL-105 when minor children are involved
- Assuming the Petition's requests automatically preserve the respondent's own property, support, custody, fee, or other requests
- Listing property or debt inconsistently across FL-120, FL-160, and attachments
- Leaving the declaration unsigned or filing attachments without clear labels
- Serving an unfiled draft, serving the papers personally, or failing to file FL-335
- Serving fee-waiver papers with the Response
What Happens Next?
- Confirm that the filed Response, any required FL-105, and the proof of service appear in the court file.
- Complete and exchange the required preliminary financial disclosures; filing FL-120 does not replace disclosure duties.
- Request temporary orders with the required additional forms if an issue cannot wait for judgment.
- Work toward written agreement on every issue that must be resolved, or use the applicable court process for any disputed issue.
- Prepare and submit the judgment forms and attachments. The divorce is not complete until the court enters judgment, and marital status cannot terminate before the applicable minimum waiting period has run.
Keep the filed Response and proof of service with the complete case file. If contact information later changes, use the court's current notice process so the court and other party have a reliable service address.
When Attorney Help May Be Worthwhile
Many respondents complete FL-120 without hiring a lawyer for the entire case. A focused consultation or document review can still be valuable when the case involves a home, retirement benefits, a business, significant debt, children, support, disputed marriage or separation dates, an unusual service history, a joint-petition revocation, a filing rejection, or a default that may already have been entered.
Attorney help may also be worthwhile if the Petition requests relief the respondent does not understand or if an agreement was prepared without independent advice. Even when both spouses are cooperating, one attorney represents only the spouse who hires that attorney, not both spouses.