How to respond to a divorce petition in California

The Summons (form FL-110) tells you that you have 30 calendar days after service to file a response. Calendar days include weekends and holidays. If the last day falls on a weekend or court holiday, the deadline generally moves to the next court day, but it is safer not to rely on that.

When the 30 days start depends on how you were served. With personal service, they start the day you received the papers. With a Notice and Acknowledgment of Receipt (FL-117), they start the day you signed it. With substituted service, service is complete ten days after mailing, so the deadline comes later. If you are unsure of your date, ask the clerk or an attorney.

The Response (form FL-120) mirrors the Petition. You state whether you agree with the requested relief, list your separate and community property or refer to an attached schedule, and state what you want regarding custody, visitation, child support, spousal support, and attorney fees. If you have children under 18 together, you also file a UCCJEA declaration (form FL-105).

Filing a response does not mean you must fight. It preserves your right to be heard, and it is often the best choice if you disagree with anything in the petition. After filing, you have 60 days to serve your preliminary financial disclosures.

File the original and copies with the same court that issued the summons, in person, by mail with a stamped return envelope, or online if your court allows e-filing. You pay a first-appearance filing fee; check the court's current fee schedule. If you receive certain public benefits, have low income, or cannot pay the fee and still meet basic needs, you can request a fee waiver using form FW-001.

After filing, an adult who is not you must serve a copy of the filed response on your spouse, or on your spouse's attorney if they have one. This is usually done by mail, and the server completes a proof of service by mail (form FL-335), which is then filed with the court.

If 30 days pass without a response, your spouse can file a Request to Enter Default (form FL-165). A default means the court can decide the case without hearing your side, usually based on what your spouse asked for in the petition. You remain married until a judgment is entered and the waiting period ends.

If you missed the deadline, check with the clerk right away. If no default has been entered yet, you can usually still file your response. If a default has been entered, getting it set aside requires a motion with specific legal grounds and deadlines, so speak with an independent family-law attorney licensed in California or your court's self-help center quickly.

If you agree on all issues, you may not need to file a contested response. The self-help guide describes a default with agreement, where you do not file a response but both spouses sign a written agreement and exchange financial disclosures. Couples who start together can use the joint petition available since January 1, 2026. Each path has different consequences, so make sure you understand what you are signing.