What Is Form FL-120? The Response to Petition Explained

 

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 represent respondents in California family law cases, Form FL-120 — the Response to Petition for Dissolution of Marriage, Legal Separation, or Nullity — is the document that formally places the respondent’s position before the court. It is the respondent’s counterpart to the petitioner’s FL-100, and filing it on time is one of the most important steps a respondent can take to protect their rights in a dissolution proceeding.

Failing to file FL-120 within the response deadline can result in the petitioner obtaining a default judgment — an outcome where the court enters orders based solely on the petitioner’s requests without the respondent’s input. For attorneys and paralegals representing respondents, preparing FL-120 accurately and filing it on time is the foundation of an effective response to a dissolution action.

 

Why FL-120 Matters

FL-120 is the respondent’s opportunity to formally state their position on every issue raised in the petition — dissolution, property division, support, custody, and any other relief requested. By filing FL-120, the respondent preserves their right to participate in the case, contest the petitioner’s requests, and present their own proposals to the court.

A respondent who does not file FL-120 within the applicable deadline risks being found in default. A default means the petitioner may seek orders without the respondent’s participation, and the respondent loses the ability to contest those orders through the normal litigation process. Filing FL-120 — even in cases where the parties agree on most issues — protects the respondent’s procedural rights and keeps all options open.

 

When Must FL-120 Be Filed?

The response deadline depends on where the respondent was served:

•     30 days from the date of personal service for respondents served within California

•     60 days from the date of service for respondents served outside California but within the United States

•     90 days from the date of service for respondents served outside the United States

 

These deadlines are strict. If the respondent misses the deadline and the petitioner requests a default, the respondent’s ability to contest orders in the case is significantly limited. If a respondent needs additional time, they should contact a licensed California family law attorney as soon as possible — extensions of time to respond are not automatically granted and require the petitioner’s agreement or a court order.

 

What FL-120 Covers

FL-120 mirrors the structure of FL-100 and requires the respondent to state their position on each issue raised in the petition. Key areas include:

•     Whether the respondent agrees or disagrees with the grounds for dissolution, legal separation, or nullity stated in the petition

•     The respondent’s position on child custody and visitation, including any proposed parenting arrangement

•     The respondent’s position on child support and spousal or partner support

•     The respondent’s position on property division, including any separate property claims

•     Any additional relief the respondent is requesting that was not included in the petition

 

FL-120 is not simply a form that says “I disagree.” It is an opportunity to affirmatively state what the respondent wants and why. A well-prepared FL-120 sets the tone for the respondent’s position throughout the case.

 

How to Complete FL-120: Section-by-Section Guide

1. Case Caption

Enter the full names of the petitioner and respondent and the case number exactly as they appear on FL-100 and the summons (FL-110). Consistency is essential — any discrepancy between FL-120 and previously filed documents can cause confusion at the clerk’s office.

2. Residency

Confirm that the residency requirements for filing in California have been met. If the respondent believes the petitioner does not meet the residency requirements, this is the appropriate place to raise that issue. The petitioner must have been a California resident for at least six months and a resident of the filing county for at least three months before filing.

3. Statistical Facts

Confirm or correct the date and place of marriage or domestic partnership registration and the date of separation as stated in FL-100. If the respondent believes the separation date stated by the petitioner is incorrect, the respondent should state the date they believe to be accurate. The date of separation can affect how assets and debts are characterized, so accuracy here is important.

4. Declaration Regarding Minor Children

Confirm or correct the information about minor children of the relationship. If FL-105 (UCCJEA Declaration) was not filed with the petition but children are involved, address that here. The respondent may also file their own FL-105 if the petitioner’s was incomplete or inaccurate.

5. Separate Property

State the respondent’s position on separate property. If the respondent has separate property that was not addressed or was incorrectly characterized in the petition, this is where to raise it. Separate property claims should be supported by documentation and may require additional proceedings to resolve.

6. Community and Quasi-Community Property

State the respondent’s position on the division of community and quasi-community assets and debts. If the respondent disputes the petitioner’s characterization of specific assets or debts, note that here. In cases with significant property, FL-142 (Schedule of Assets and Debts) and FL-160 (Property Declaration) will be needed as companion disclosure documents.

7. Support

State the respondent’s position on support — whether the respondent agrees with, disagrees with, or has their own requests regarding child support and spousal or partner support. If the respondent is requesting support from the petitioner, check the appropriate boxes here. Support requests in FL-120 may need to be supported by FL-150 (Income and Expense Declaration).

8. Attorney Fees and Costs

If the respondent is requesting that the petitioner contribute to attorney fees and costs, check this box. Attorney fee requests are typically supported by FL-150 and may require a separate motion if not resolved by agreement.

9. Other Requests

Check all applicable boxes for additional relief the respondent is requesting, including dissolution of the marriage or domestic partnership, legal separation, nullity, property division, restoration of former name, and any other orders. If the respondent is requesting restoration of a former name, confirm the exact name to be restored.

10. Date and Signature

FL-120 must be signed by the respondent and by the respondent’s attorney if represented. The attorney’s name, State Bar number, address, and phone number must be correctly populated. An unsigned response or one with missing attorney information may be rejected by the clerk.

 

Filing and Service of FL-120

Once completed, FL-120 must be filed with the superior court where the case is pending and served on the petitioner or their attorney. Key procedural steps include:

•     File the original FL-120 with the court clerk before the response deadline

•     Pay the response filing fee, or file a fee waiver application (FW-001) if the respondent qualifies

•     Serve a copy of the filed FL-120 on the petitioner or their attorney of record by mail or another permitted method

•     File a proof of service confirming that FL-120 was served on the petitioner

 

Filing FL-120 does not by itself schedule a hearing or result in any immediate court orders. It preserves the respondent’s right to participate in the case and prevents a default from being entered. Any requests for temporary orders — such as support or custody — must be made through a separate FL-300 (Request for Order).

 

FL-120 in Uncontested vs. Contested Cases

FL-120 is filed in both contested and uncontested dissolution cases, but its role differs:

•     Uncontested cases — even when the parties have reached a full agreement, the respondent may file FL-120 to formally appear in the case. Alternatively, the respondent may appear through FL-130 (Appearance, Stipulations, and Waivers) without filing a formal response. Confirm with local court rules and the facts of the case which approach is more appropriate.

•     Contested cases — FL-120 is the respondent’s primary vehicle for stating their position and preserving their right to contest the petitioner’s requests. In a contested case, FL-120 should be prepared thoughtfully and in alignment with the respondent’s overall litigation strategy.

•     Cases where agreement is anticipated but not yet finalized — filing FL-120 within the deadline protects the respondent while negotiations continue. A response can always be followed by a stipulated judgment if the parties reach agreement.

 

Mistakes and Best Practices

Because FL-120 is time-sensitive and preserves the respondent’s rights, errors or delays here have significant consequences. The most common problems to avoid:

•     Missing the response deadline — this is the most serious error and can result in a default

•     Filing FL-120 without serving it on the petitioner or their attorney

•     Leaving sections blank without stating a position — each section should be addressed

•     Incorrect or missing attorney information in the caption

•     Failing to attach FL-105 when minor children are involved and the petitioner’s FL-105 was incomplete or inaccurate

•     Not following up with FL-150 when support is at issue in FL-120

 

And the workflow habits that prevent them:

•     Calendar the response deadline immediately upon receiving the served petition and summons

•     Prepare FL-120 well before the deadline — do not wait until the last day

•     Review FL-100 carefully before completing FL-120 so the response addresses every issue raised in the petition

•     Serve FL-120 on the petitioner promptly after filing and file proof of service with the court

•     Confirm the filing fee has been paid or a fee waiver has been submitted at the time of filing

 

Companion Forms Filed with FL-120

FL-120 is typically the first document filed by the respondent but is rarely the last. Related forms include:

•     FL-105 — UCCJEA Declaration (filed by the respondent if children are involved and the petitioner’s FL-105 was incomplete, or as an independent filing)

•     FL-150 — Income and Expense Declaration (required as part of the respondent’s financial disclosure and whenever support is at issue)

•     FL-140 — Preliminary Declaration of Disclosure (the respondent must serve their disclosure package within 60 days of filing FL-120)

•     FL-142 — Schedule of Assets and Debts (served as part of the respondent’s disclosure package)

•     FL-300 — Request for Order (if the respondent needs temporary orders for support, custody, or other relief)

•     FL-130 — Appearance, Stipulations, and Waivers (used instead of or alongside FL-120 in uncontested cases proceeding to judgment by stipulation)

 

How SuperDocs Can Help

SuperDocs is a California court form platform designed for attorneys and paralegals. No lengthy setup, no forms about forms — just open a CJC court form and start typing. Shared case details are available as you work, and information entered on one form can be reused across related forms in the same matter. Checkboxes, dates, assets, and other details are organized in a structured workflow to help reduce the risk of missing information.

For FL-120 filings, party names, case numbers, and matter details entered once are available across FL-105, FL-150, FL-140, and related forms in the same case.

Spend less time on re-entry, more time on the case.

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•     Save client profiles for use throughout the lifecycle of the case

 

 

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