Being served with a divorce Petition starts a clock. Form FL-120, Response, Marriage/Domestic Partnership, is how you answer it, and it comes with its own strict deadline.
Key Takeaway: FL-120 is the Respondent's formal answer to a Petition. It confirms or contests the facts in the Petition and states your own requests for custody, support, and property division. It generally must be filed within 30 days of being served, or the Petitioner can seek a default.
Form FL-120 is the California Judicial Council form titled "Response, Marriage/Domestic Partnership." It is the document that lets the spouse or domestic partner who did not file first formally participate in a case that has already been opened by a Petition (Form FL-100), whether that case involves:
- Dissolution of marriage or domestic partnership (divorce)
- Legal separation
- Nullity (annulment)
FL-120 mirrors the structure of FL-100. It asks about the same case facts and gives the Respondent the same opportunity to state what they are asking the court to order. Filing it is what turns a one sided Petition into a case where both spouses have a voice on the record.
The spouse or domestic partner who receives the Petition and Summons is called the Respondent. Once served, the Respondent has the right, and generally the need, to file a Response using FL-120.
Filing a Response does not mean you are contesting the divorce itself. Many Respondents agree that the marriage should end and use FL-120 simply to confirm the facts and make sure their own requests for custody, support, and property are part of the record. If you are still weighing whether to handle your Response yourself or bring in help, our guide on DIY Divorce vs Hiring a Lawyer in California walks through that decision.
If you have not yet reviewed the Petition that started your case, it helps to understand what the Petitioner filed first. See our companion guide, How to Fill Out Form FL-100, for a section-by-section breakdown of that form.
<h2 id="the-30-day-deadline">The 30 Day Deadline and What Happens If You Miss It</h2>The single most important fact about FL-120 is the deadline attached to it. You generally have 30 days from the date you are served with the Petition and Summons to file your Response. That clock starts on the date of service, not the date the case was originally filed, so the exact day you received the paperwork matters.
If you miss the 30 day window and have not yet filed a Response, the Petitioner can ask the court for a default. In a default, the court generally issues a judgment based only on what the Petitioner requested in their Petition, without any input from you on custody, support, or how property is divided.
A default does not necessarily mean you lose the ability to participate at all, but undoing one once it has been entered generally requires a separate, more difficult court request. It is far simpler to file your Response on time in the first place. If you are close to or past the deadline, treat it as urgent and confirm your specific options with your county Superior Court self-help center right away.
<h2 id="section-by-section">Section-by-Section Walkthrough of FL-120</h2>Here is what you will actually fill in, section by section.
1. Case Information and Parties
At the top, you will enter the county, the case number already assigned to the Petition, and the names of the Petitioner and Respondent exactly as they appear on the original filing. Use full legal names, matching the Petition, even if you go by something else day to day.
2. Type of Case You Are Responding To
FL-120 asks you to confirm the type of case the Petitioner requested, dissolution, legal separation, or nullity, and lets you state whether you agree with that request or are asking for something different. For example, a Petitioner may request dissolution while a Respondent requests legal separation instead, or vice versa.
3. Statistical Facts
This section is where you confirm or contest the Petitioner's stated date of marriage or domestic partnership and date of separation. You do not have to accept the Petitioner's dates automatically. If you believe the actual date of separation is different, you state your own date here, since it can affect how property and debts are divided.
4. Residency
If dissolution is requested, you will address whether California's residency requirements, generally 6 months in the state and 3 months in the filing county, have been met. Legal separation requests do not require this residency showing.
5. Legal Grounds
Like FL-100, FL-120 generally points to California's no-fault ground of irreconcilable differences. You are not required to prove wrongdoing, and the form does not ask for details about why the marriage ended.
6. Your Own Requests for Relief
This is the section that matters most for protecting your interests. Here you state what you are asking the court to grant, independent of what the Petitioner requested, including:
- Child custody and visitation, if you have minor children together
- Child support, either to pay or to receive
- Spousal support, reserving the right to request it, or asking that none be ordered
- Property and debt division, including any separate property claims
- Attorney's fees, if applicable
Be thorough here. In many cases the court cannot grant relief you never asked for, especially if the case proceeds without full agreement between the spouses. Leaving this section incomplete can limit what you are able to receive later.
- Missing the 30 day window to file a Response after being served
- Not filing a Response at all, which can lead to a default judgment based only on the Petition
- Failing to state your own requests for custody, support, or property, so the court has nothing from you to consider
- Accepting the Petitioner's stated date of separation without checking whether it is accurate
- Using a nickname instead of your full legal name, or a name that does not match the Petition
- Filing without confirming the case number and county match the original Petition exactly
Filing FL-120 with the court clerk is only part of the process. After filing:
- You must generally serve a copy of your filed Response on the Petitioner, so they are aware of your position and requests
- Both spouses remain bound by the Automatic Temporary Restraining Orders (ATROs) that took effect when the Petitioner was served with the Summons
- California's mandatory 6 month waiting period, which began on the date the Petitioner served you, continues to run regardless of when you file your Response
- Both spouses must complete financial disclosures before the case can move toward judgment
Filing your Response promptly does not shorten the 6 month waiting period, but it does make sure your voice, and your requests, are part of the record from early in the case. For a fuller picture of how the pieces fit together after both a Petition and a Response are on file, see How to Fill Out Form FL-100.
<h2 id="filing-fee">Filing Fee and Fee Waiver</h2>Filing FL-120 requires paying the Superior Court's filing fee, which generally runs $435 to $450 depending on the county, similar to the fee the Petitioner paid to file FL-100. This fee is separate from any cost of preparing the paperwork itself.
If you cannot afford the filing fee, you can request that it be waived or deferred by filing Form FW-001 (Request to Waive Court Fees) along with your Response. The court reviews your income against published guidelines and either grants the waiver, grants a partial waiver, or denies it.
Pro Tip: Confirm current filing fees and fee waiver eligibility with your county's Superior Court self-help center before filing. Fees are set locally and can change.
What is Form FL-120 used for?
Form FL-120 is the California Judicial Council Response, Marriage/Domestic Partnership. It is the document the Respondent files to formally participate in a divorce, legal separation, or nullity case that was opened by someone else's Petition (form FL-100). Filing it lets the Respondent state their own position and requests to the court.
How long do I have to file a Response after being served?
You generally have 30 days from the date you are served with the Petition and Summons to file a Response. The clock starts on the date of service, not the date the case was filed, so it matters exactly when you received the paperwork.
What happens if I do not file a Response in time?
If you do not file a Response within the 30 day window, the Petitioner can ask the court for a default. In a default case, the judgment is generally based only on what the Petitioner requested in their Petition, without input from you on custody, support, or property division.
Can I file a Response late, after the 30 days have passed?
Sometimes, if the Petitioner has not yet requested or been granted a default, you may still be able to file a Response. Once a default has been entered, undoing it generally requires a separate court request. If you are past the deadline, treat it as urgent and confirm your options with your county Superior Court self-help center as soon as possible.
Do I have to agree with everything in the Petition?
No. FL-120 lets you confirm or contest specific statistical facts, like the date of separation, and lets you state your own requests for custody, visitation, support, and property division. You are not bound by what the Petitioner asked for simply because they filed first.
How much does it cost to file FL-120?
Filing fees for FL-120 generally range from about $435 to $450, depending on the county, similar to the fee for filing the original Petition. This fee is separate from any cost of preparing your paperwork.
What if I cannot afford the FL-120 filing fee?
You can request a fee waiver by filing Form FW-001, Request to Waive Court Fees, along with your Response. The court reviews your income against published guidelines and can grant a full waiver, a partial waiver, or deny the request.
Can I fill out FL-120 myself, or do I need an attorney?
Many Respondents complete and file FL-120 themselves, especially in straightforward, uncontested cases. The form is public and free to download, but accuracy matters since your requests here shape what the court can later grant you. A document preparation service or attorney can help if your situation involves significant assets, custody disputes, or other complications.
How a Document Prep Service Helps With FL-120
Most problems with FL-120 do not come from complicated law, they come from missed deadlines and blank requests: a Response filed too late, or a Response that forgets to ask for custody, support, or property that matters to you. Virdix is built to catch those before you file:
- Guided questions, plain-language prompts replace confusing legal terms
- Deadline awareness, so you understand exactly where you stand against the 30 day window
- Complete requests for relief, generated based on what you actually tell us, so nothing gets left blank
- Consistency checks, your answers carry through correctly against the Petition you are responding to
We don't replace an attorney for contested or complex cases, but for straightforward filings, Virdix helps make sure your FL-120 is complete, on time, and consistent from the start.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California