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Disclaimer This article is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Court forms, filing requirements, and procedures are subject to change. Always verify current form versions at courts.ca.gov and consult a licensed California attorney for guidance specific to your situation. Reading this article does not create an attorney-client relationship with SuperDocs or any attorney. |
If you file family law cases in California, Form FL-110 — the Summons (Family Law) — is one of the first documents served on the respondent. It officially notifies the other party that a family law proceeding has been filed and informs them of their rights and obligations from the moment of service. It is not optional, and it is not a formality.
Serving an incorrect or incomplete FL-110 can invalidate service, delay the case, or create procedural complications that are difficult to unwind. For attorneys and paralegals, the goal is to issue it correctly alongside the petition and make sure the respondent is properly notified from day one.
Why FL-110 Matters
FL-110 does more than notify the respondent that a case has been filed. The moment it is served, it activates automatic temporary restraining orders (ATROs) that apply to both parties. These orders restrict both the petitioner and respondent from taking certain actions — such as transferring assets, canceling insurance policies, or taking children out of the state — without written consent or a court order.
Because the ATROs are printed on the back of FL-110, proper service of the summons is what legally puts those protections in place. A case where FL-110 was not correctly served is a case where the ATROs may not be enforceable.
When Is FL-110 Required?
FL-110 must be filed and served in all family law cases where the respondent needs to be formally notified, including:
• Dissolution of marriage or domestic partnership
• Legal separation proceedings
• Nullity of marriage actions
• Parentage actions where the respondent has not voluntarily appeared
It is issued by the court clerk at the time of filing and must be served on the respondent along with the petition (FL-100) and any other required documents. FL-110 cannot be served by the petitioner — service must be completed by someone who is at least 18 years old and not a party to the case.
What the Automatic Temporary Restraining Orders Cover
The ATROs printed on the back of FL-110 take effect on the petitioner when the case is filed, and on the respondent when they are served. They remain in effect until the case is dismissed, a judgment is entered, or the court modifies them. The ATROs prohibit both parties from:
• Transferring, encumbering, hypothecating, concealing, or disposing of any property without the written consent of the other party or a court order, except in the ordinary course of business or for the necessities of life
• Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or coverage held for the benefit of the parties or their children
• Taking the minor children of the parties out of California without the prior written consent of the other party or a court order
• Creating or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer without the written consent of the other party or a court order
Make sure your client understands these restrictions at the time of filing. Violations of the ATROs can have serious consequences in the proceedings.
How to Complete FL-110: Section-by-Section Guide
1. Case Caption
Enter the names of the petitioner and respondent exactly as they appear on FL-100. Consistency across all forms in the filing package is essential — name discrepancies create unnecessary complications at the clerk’s office and in subsequent filings.
2. Court Information
Enter the name and address of the superior court where the case is filed. This is pre-printed on some court-issued versions, but verify it matches the actual filing location.
3. Notice to Respondent
This section notifies the respondent of the deadline to file a response — typically 30 days from the date of service for California residents. If the respondent is served outside California, the deadline is 60 days. If served outside the United States, the deadline is 90 days. These deadlines are printed on the form but confirm they are current at the time of filing.
4. Petitioner’s Attorney or Petitioner Information
Enter the name, address, telephone number, and State Bar number of the attorney, or the petitioner’s contact information if self-represented. This is the address where the respondent or their counsel will send responsive documents.
5. Clerk’s Issuance
FL-110 must be issued (signed and stamped) by the court clerk before it can be served. Do not attempt to serve an unissued summons — it is legally defective. Pick up the issued summons from the clerk after filing FL-100, or confirm the court’s process for e-filing issuance.
Service Requirements for FL-110
Correct service of FL-110 is as important as the form itself. Key requirements:
• Personal service is required for the initial summons — substituted service is generally not permitted for the original summons in a dissolution case without court permission
• The person serving must be at least 18 years old and not a party to the case
• After service, the server must complete a Proof of Service of Summons (FL-115) and file it with the court
• Service must include FL-110, FL-100, and any other documents filed with the petition
• The respondent’s copy must include the ATROs — confirm the back of the form is included when printing
Mistakes and Best Practices
Because FL-110 triggers the ATROs and starts the respondent’s deadline clock, errors here have immediate procedural consequences. The most common problems to avoid:
• Using an unissued summons — always obtain the clerk’s stamp before serving
• Mismatched party names between FL-110 and FL-100
• Failing to include the back of the form, which contains the ATROs
• Petitioner attempting to serve the summons themselves
• Forgetting to file FL-115 (Proof of Service) after service is completed
• Missing the default deadline because FL-115 was not filed and the respondent’s deadline was not tracked
And the workflow habits that prevent them:
• Prepare FL-110 and FL-115 together as a matched pair at the time of filing
• Confirm the clerk has issued FL-110 before handing it to the process server
• Calendar the respondent’s response deadline the day FL-115 is filed
• Verify party names match exactly across FL-100, FL-110, and FL-115 before filing
• Keep a copy of the served summons package in the client file
Companion Forms Filed with FL-110
FL-110 is always part of a larger filing package. The standard set for initiating a dissolution case includes:
• FL-100 — Petition (filed and served together with FL-110)
• FL-105 — UCCJEA Declaration (required when minor children are involved)
• FL-115 — Proof of Service of Summons (filed after service is completed)
• FL-141 — Declaration Regarding Service of Declaration of Disclosure (filed later in the process)
• Local court forms — some counties require additional documents at filing; verify with the specific court
How SuperDocs Can Help
SuperDocs helps California firms prepare FL-110 and its companion forms faster by pulling party names, court information, and attorney details from a single intake record and applying them consistently across the entire opening filing package.
Spend less time cross-checking names and case details across forms, more time focused on the client.
• Enter case information once — FL-110, FL-100, FL-105, and FL-115 populate automatically
• Party names and court details validated for consistency across all related forms
• Review and edit any field before printing or downloading
• Save client profiles for use across the full lifecycle of the case
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