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Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
The FL-110 Summons is required at the start of a divorce, legal separation or nullity case in California, and it is served together with the Petition (FL-100). It is the document that gives the court power over the respondent: it tells the other party that a case has been filed, that they have 30 calendar days after service to file a Response (FL-120) and serve it on the petitioner, and that if they do not, the court may make orders about the marriage or domestic partnership, property, custody, support and attorney's fees without them. The current form is revised January 1, 2015. Parentage cases use the FL-210 Summons instead.
- Filing a Petition for Dissolution (FL-100): the petitioner completes the Petition and the Summons at the same time and files them together; the clerk issues the Summons by stamping it with the court seal and case number.
- Notice and Acknowledgment of Receipt (FL-117): the Summons and Petition must be personally served unless the respondent agrees to accept service by mail by signing and returning this form.
- Trigger event: the petitioner's decision to start the case. The Summons cannot be served until the Petition has been filed and the clerk has issued it.
The Summons also contains the standard family law restraining orders under Family Code section 2040, which take effect against the petitioner on filing and against the respondent on service. Until the case is dismissed, judgment is entered or the court orders otherwise, neither party may remove the minor children from California or apply for new passports for them, cash, borrow against, cancel or change the beneficiary of any insurance, transfer or dispose of property outside the usual course of business or for the necessities of life, or create or change a nonprobate transfer, without the other party's written consent or a court order. Under Family Code section 233 these orders are enforceable anywhere in California by any law enforcement officer who has received or seen a copy of them. Once the Summons and Petition are served, the respondent's 30 days begin, and the six-month waiting period under Family Code section 2339 starts running toward the earliest date a dissolution can become final.
1. Obtain the form. Download the FL-110 Summons from the California Courts website or get a copy from your local family law clerk.
2. Complete the form. Fill in the names of the petitioner and respondent exactly as they appear on the Petition, the court's name and address, and your name, address and phone number as the person filing. Do not fill in the case number or the clerk's section; the clerk does that.
3. File it with the Petition. File the Summons together with the Petition (FL-100) and, if there are children, the FL-105, with the clerk of the Superior Court in the county where you or your spouse have lived for the last three months. The clerk stamps the Summons with the seal, dates it and assigns the case number.
4. Pay the filing fee or request a waiver. The 2026 Statewide Civil Fee Schedule lists $435 for a petition for dissolution, legal separation or nullity, with a total of $450 in Riverside and San Francisco counties. If you cannot pay, file a Request to Waive Court Fees (FW-001) with the Petition; the court may later order repayment of waived fees.
5. Serve the forms. Someone who is at least 18 and not a party must personally hand the issued Summons, the Petition, any attachments and a blank Response (FL-120) to the respondent, unless the respondent signs a Notice and Acknowledgment of Receipt (FL-117) to accept mail service. The server completes the Proof of Service of Summons (FL-115), which you file with the court. The respondent's 30 days to respond and the six-month waiting period both run from the date of service.
Health Insurance Notice
If you or someone in your household needs affordable health insurance, consider applying for Covered California. It can help in reducing healthcare costs. Check if you are eligible and apply if necessary.
Respondent's Time Limit
You have 30 calendar days to file a Response after being served with this Summons and Petition. This is a strict deadline, so consider marking it on your calendar immediately to ensure you don't miss it.
Fee Waiver Option
If you cannot afford the filing fee, ask the clerk for a fee waiver form right away. Be aware that the court might order you to pay back these fees later, so factor this into your financial planning.
Restraining Orders
There are automatic restraining orders included in this Summons that take effect immediately upon service. These orders restrict certain financial transactions and relocation of minor children. Make sure you understand these restrictions as violating them can have serious legal consequences.
1
Ensure you have served a copy of the filed Response (form FL-120) to the petitioner, meeting the required legal service guidelines.
2
Wait for the petitioner’s reply or counter-response, which may include proposed terms for the divorce, property division, or custody arrangements.
3
Consider attending mediation sessions if ordered by the court or if you and the petitioner wish to negotiate terms amicably.
4
Review any temporary court orders regarding child custody, support, or property use that may be issued while awaiting further proceedings.
5
Prepare for and attend any scheduled court hearings, where the judge may issue further orders or set dates for trial, if necessary.
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Try Gavel for freeCalifornia Family - Petition to Initiate Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.
Family Law, Divorce
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
