California divorce guide
You were served divorce papers. Start with the packet.
Identify every paper, preserve the service facts and separate the divorce case from any hearing request included in the same packet.
Short answer: California Courts says a respondent usually has 30 days after being served to file a Response. Before relying on that general rule, identify the documents, record the service method and date, check for a separate hearing, and verify whether a default or order already exists.
- Photograph or scan the complete packetInclude envelopes, cover sheets, blank forms and attachments.
- Find every form numberLook near the bottom edge of each page.
- Write down how and when it arrivedDo not substitute the filing date for the service date.
- Look for a hearing dateFL-300 or another notice may create a separate response track.
- Preserve the originalsWork from copies and keep source files unchanged.
Select the numbers you see to learn what each paper usually does and which legal-status questions remain open.
Which papers usually start the case?
California Courts identifies two core forms in a standard divorce case-start packet:
Other papers may be included. FL-105 addresses children’s residence and related custody cases. A blank FL-120 may be provided so the respondent has the Response form. FL-300 means someone is also asking the judge for orders and a hearing may already be set.
What does being served mean—and not mean?
Being served generally means papers were delivered using a legal notice process. The Petition and Summons say that a case has started. They do not mean:
- the divorce is final;
- the judge approved everything requested in the Petition;
- every allegation is true;
- every document required for the packet was included; or
- the service method and date have already been legally validated.
Are there rules you must follow immediately?
Yes. California Courts says the FL-110 Summons contains Standard Family Law Restraining Orders that apply to both parties once the respondent is served. They address subjects such as taking children out of California, insurance beneficiaries, property transfers and nonprobate transfers.
How long do you usually have to respond?
The California Courts Self-Help Guide says the respondent usually has 30 days after service to file FL-120, the Response. If a Response is not filed, the other party may ask for a default and the court may decide issues without hearing from the respondent.
“Usually” is essential. Do not calculate from memory or from the Petition’s filing date. The method and completion of service can matter. If more than 30 days may have passed, California Courts says to check whether a default has been entered; if timing or service is disputed, contact the court’s self-help center or a lawyer promptly.
Use the possible-default guide to separate a missed date, default request, entry of default and final judgment before acting.
What if the packet includes FL-300?
FL-300 is a Request for Order. California Courts says it asks the judge to decide specific issues and is used to set the hearing date, time and location. That creates a workflow distinct from responding to the Petition.
Check page 1 for the hearing information, what the other person is asking for and any orders made before the hearing. Do not assume the Petition’s general response timeline answers the FL-300 response question. Use the complete guide for what to do after receiving an FL-300.
What does filing a Response do?
Filing FL-120 lets the respondent participate and tell the court what they want regarding property, support and—when applicable—children. Completing the form, filing it with the court and serving the filed copy are three separate events.
California Courts says another adult generally serves the filed Response and completes the proof-of-service process; the respondent does not simply mail it themselves. Read the official filing instructions and official service instructions.
Where can you get free official help?
California superior courts have self-help centers that provide free legal information and help with forms and procedure. They do not become your lawyer, but they are the right first stop when the papers, local requirements or case status are unclear.
Start with the California Courts served-divorce-papers guide and use the self-help center finder.
Official sources
- California Courts: You were served divorce papers
- California Courts: Learn your response options
- California Courts: Fill out and file forms to respond
- California Courts: Serve your Response
- California Courts: Representing yourself
This page provides legal information, not legal advice. Read CourtAhead’s editorial and source standards.