Yes, you can fill out California Form FL-110 (Summons – Family Law) on your own by entering the petitioner’s and respondent’s full legal names at the top, leaving the case number blank for the clerk, and filing it with your FL-100 Petition at the superior court in the county where you or your spouse lives. The form is a one-page Judicial Council document, but it carries the legal weight of starting a divorce, legal separation, or nullity case and triggering the powerful Automatic Temporary Restraining Orders (ATROS) the moment it is served on your spouse.
Filling out FL-110 wrong, serving it incorrectly, or ignoring its restraining orders can cost you property, custody time, and even result in contempt of court findings. About 60% of California divorce filers proceed without an attorney, which makes step-by-step guidance on this form essential for anyone starting a family law case in the Golden State.
- 📝 How to complete every box on Form FL-110 with line-by-line instructions
- ⚖️ What ATROS prohibit, and what happens if you violate them under Family Code §2040
- 📬 The four legal ways to serve FL-110 under CCP §§ 415.10–415.50
- 🧾 Real-world examples covering default risk, high-asset divorce, and military spouses
- 🚫 The seven costliest filing mistakes and how to avoid them before the clerk rejects your packet
What Form FL-110 Is and Why It Matters
Form FL-110, titled Summons (Family Law), is the official Judicial Council form that gives a California superior court personal jurisdiction over your spouse, registered domestic partner, or parent in a parentage case. The summons tells the responding party that a lawsuit has been filed, that they have 30 calendar days to respond, and that ignoring it can lead to a default judgment under Code of Civil Procedure §585. Without a properly issued and served FL-110, the court has no authority to grant a divorce, divide property, or enter custody orders.
The summons matters because it is a legal trigger. The moment it is personally served, both spouses become bound by ATROS that freeze the marital estate, restrict travel with minor children, and prohibit changes to insurance policies. The petitioner is bound the day the summons is issued by the clerk, and the respondent is bound the day they are served. Violating these orders is treated as contempt of court, which can carry up to five days in jail per violation under Family Code §2040.
A common misconception is that FL-110 is “just a notice.” It is not. It is a court order that restrains both parties, and it is also the document that allows a default to be entered if the respondent fails to file an FL-120 Response within 30 days. Treating FL-110 as a formality is the single most expensive mistake self-represented filers make.
A real-world example helps. Maria in Fresno filed her divorce petition without serving the FL-110 for 90 days because she “wanted to wait.” During that gap her husband emptied a $42,000 brokerage account. Because the ATROS only bind the respondent after service, Maria had no contempt remedy, and she had to chase the funds through forensic accounting later.
Federal Backdrop and California’s Place in It
Family law is governed by state law, but federal statutes still shape pieces of the FL-110 process. The Servicemembers Civil Relief Act (SCRA) protects active-duty military respondents from default judgments, which means the petitioner must check military status before requesting a default after FL-110 service. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and federal Parental Kidnapping Prevention Act also interact with the travel restrictions printed on FL-110.
California layers its own rules on top through the Family Code, the Code of Civil Procedure, and the California Rules of Court, Title 5. The plain-English consequence is that an FL-110 prepared without checking these federal and state overlays can be facially valid but legally ineffective. A real example: a petitioner who serves an active-duty Marine respondent without filing a Servicemembers Civil Relief Act Declaration (FL-130 / SCRA) cannot enter a default, even if the respondent ignores the case.
A common misconception is that California’s “no-fault” system makes the summons less important. The opposite is true, because no-fault filing accelerates the schedule and makes the 30-day clock unforgiving.
Line-by-Line Walkthrough of Form FL-110
The current FL-110, revised January 1, 2025, is a single page divided into a caption, a notice block, four numbered notices, and a clerk’s signature line. Every box has a purpose, and every box has a consequence if left blank or completed wrong. Below is a deconstruction of each item with examples and the legal authority that backs it up.
Caption: Petitioner’s and Respondent’s Names
The top caption is where you list the full legal names of the petitioner (the spouse who files first) and the respondent (the other spouse). Use the names exactly as they appear on government identification, because California Rules of Court 1.31 require consistency across all forms in the case file. Do not use nicknames, maiden names that are not on ID, or initials.
The consequence of mismatched names is that the clerk may reject the filing at intake, or worse, a later judgment may be unenforceable against the wrong-named party. James in San Diego listed his wife as “Beth Smith” on FL-110 even though her ID read “Elizabeth Anne Smith-Garcia.” The default judgment he later obtained was set aside under CCP §473(b) because service did not match the petition caption.
A common misconception is that you can “fix it later.” You can amend, but every amendment to a summons under CCP §472 requires re-service and a new 30-day response clock.
Court Address and Branch
Below the caption, you must enter the superior court address and branch where you are filing. Family law cases must be filed in the county where either spouse has resided for the last three months, under Family Code §2320. Filing in the wrong county leads to a motion to transfer venue under CCP §397 and weeks of delay.
The consequence of choosing the wrong branch within a county, such as filing a Stanley Mosk downtown matter at the Los Angeles Superior Court Pomona branch, is a clerk-rejection or a sua sponte transfer order. Local rules such as LASC Rule 5.2 divide cases by ZIP code, and ignoring them creates avoidable delay.
A common misconception is that any branch in your county will accept the case. Many counties enforce strict districting, and the FL-110 must show the correct branch on its face.
Case Number Box
Leave the case number box blank. The clerk stamps the case number when the petition is accepted for filing under California Rules of Court 2.111. Writing in a number you guess at can cause the case to be assigned to the wrong department or rejected.
The consequence of a wrong case number is that the Proof of Service of Summons (FL-115) you later file will not match the docket, which means the court cannot confirm jurisdiction. Priya in Sacramento filed an FL-110 with a typed-in number from her old child-support case. Her default request was denied because the FL-115 referenced a closed file.
A common misconception is that “the case number on the petition is the same as on the summons.” It is, but you do not write it in yourself. The clerk does, on both forms, at the same time.
Notice to Respondent
Item 1 contains the formal notice that the respondent has been sued. Do not modify the printed language. The summons language is mandated by the Judicial Council under Government Code §68511, and altering it invalidates the form.
The consequence of altering the notice block is automatic clerk rejection. The plain-English point is that FL-110 is a fill-in form, not a freestyle document.
A common misconception is that you can attach extra “warning” pages. Any additional warnings belong in the petition, not on FL-110.
Notice and Order to Restrain – ATROS
Item 2 is the heart of FL-110. It prints the four Automatic Temporary Restraining Orders under Family Code §2040, which apply to both parties from the moment of issuance (petitioner) and service (respondent).
The four ATROS prohibit:
- Removing minor children from California without written consent or a court order
- Cashing, borrowing against, canceling, transferring, or changing beneficiaries of any insurance held for the benefit of either party or the minor children
- Transferring, encumbering, hypothecating, concealing, or disposing of any property, real or personal, except in the usual course of business or for the necessities of life
- Creating or modifying a non-probate transfer (such as a payable-on-death account) without written consent or a court order, under Probate Code §5040
The consequence of violating ATROS is contempt of court under CCP §1218, which carries up to five days in jail and a $1,000 fine per count, plus attorney’s fees and a forced unwinding of the transaction. A real-world example is Diego in Riverside, who refinanced the marital home into his name only after being served. The court ordered the refinance unwound, awarded his wife $18,500 in Family Code §271 sanctions, and held him in contempt.
A common misconception is that ATROS only restrain “bad” actors. They restrain everyone, including the petitioner. Closing a joint credit card the day after filing can be a violation, even if your intent is to “protect” yourself.
Notice – Access to Health Insurance
Item 3 reminds the parties that neither may cancel or change health insurance covering the other spouse or the minor children. This mirrors Family Code §2040(a)(3) and overlaps with federal COBRA continuation rules.
The consequence of canceling a spouse’s coverage is double. First, contempt under §2040. Second, personal liability for the medical bills the spouse incurs while uninsured, often imposed as a Family Code §2030 need-based fee award.
A common misconception is that “I pay the premium, so I can cancel it.” Payment source is irrelevant once FL-110 issues.
Notice to the Person Served
Item 4 lists the manner-of-service options the process server checks when handing over the papers. The choices include personal delivery to the respondent, service on a registered agent, or service on a person authorized to receive process. This box is filled in by the server, not the petitioner.
The consequence of an incorrect manner-of-service box is that the FL-115 Proof of Service will not match, and the court will refuse to enter a default. Service rules are controlled by CCP §§ 415.10–415.50.
A common misconception is that the petitioner can serve the papers personally. They cannot. Under CCP §414.10 any non-party adult over 18 may serve, but never the petitioner.
Clerk’s Signature and Seal
The bottom of FL-110 is signed and sealed by the clerk at the time of filing. You do not sign FL-110 yourself, because it is a court-issued document, not a party declaration. This is a key contrast with the FL-100 Petition, which the petitioner signs under penalty of perjury.
The consequence of a missing clerk signature or seal is that the summons is not “issued” and cannot be served under CCP §412.20. A photocopy with a stamped seal is fine for service, but the original stays in the court file.
A common misconception is that an “endorsed-filed” stamp from the clerk is enough. The summons specifically needs the clerk’s signature line at the bottom completed.
How to Serve FL-110 Correctly
Service is where most pro per cases derail. Under CCP §412.20 the respondent has 30 calendar days from service to file an FL-120 Response. If service fails, the clock never starts, and a default entered without valid service is void.
Personal Service Under CCP §415.10
Personal service is the gold standard. A non-party adult hands the FL-110, FL-100, and any blank response forms directly to the respondent. The server then completes the FL-115 Proof of Service and signs under penalty of perjury.
The consequence of skipping personal service when it is feasible is that any later default may be challenged under CCP §473.5 for lack of actual notice. Personal service starts the 30-day response clock the day of delivery.
A common misconception is that “leaving it on the porch” counts as personal service. It does not. The server must hand it to the person, although Crane v. Crane clarifies that a refusing respondent who is told what the documents are has been served when the papers are dropped within their reach.
Substituted Service Under CCP §415.20
If personal service fails after reasonable diligence, substituted service allows the server to leave the papers with a competent adult at the respondent’s home or usual place of business, then mail a copy. The mailing completes service ten days after the date of mailing under CCP §415.20(b).
The consequence of skipping the diligence requirement is reversal. Kremerman v. White (2021) 71 Cal.App.5th 358 confirms that a court must see at least three good-faith attempts at different times before substituted service is allowed.
A common misconception is that you can leave the papers with a roommate at any address that “looks like” the respondent’s home. The address must be the respondent’s actual dwelling.
Service by Mail with Notice and Acknowledgment Under CCP §415.30
This method is cheap and easy when the respondent will cooperate. The petitioner mails the FL-110 with a Notice and Acknowledgment of Receipt (FL-117), and service is complete on the date the respondent signs and returns it.
The consequence of using FL-117 with a non-cooperative spouse is wasted time. If the respondent never signs, you must still serve personally or by substituted service, and the 30-day clock has not started.
A common misconception is that mailing alone, without the acknowledgment, completes service. It does not for an in-state respondent.
Service by Publication Under CCP §415.50
When the respondent cannot be found after diligent search, the petitioner may apply for service by publication using Form FL-982. The court orders publication once a week for four successive weeks in a newspaper of general circulation.
The consequence of cutting corners on the diligent-search declaration is denial. The court expects checks of social media, DMV, last-known employer, relatives, and skip-trace databases.
A common misconception is that publication is faster than personal service. It is almost always slower, and a default obtained after publication can still be set aside under CCP §473.5 for two years.
Three Real-World Scenarios
The way FL-110 plays out depends on the facts. Below are three patterns that recur across California courtrooms.
Scenario 1 – High-Asset Divorce With ATROS Trap
| Filer Move | Court Outcome |
|---|---|
| Petitioner files FL-110 and immediately liquidates a $250,000 brokerage account “to pay attorney fees” | Court orders funds restored, awards Family Code §271 sanctions of $25,000, and finds petitioner in contempt under CCP §1218 |
| Petitioner files FL-110, then files an RFO (FL-300) to use $40,000 for fees with notice to respondent | Court grants the request as a “necessities of life” carve-out, no sanctions |
Scenario 2 – Default Judgment Risk
| Respondent Move | Court Outcome |
|---|---|
| Respondent ignores FL-110 for 30+ days | Petitioner files FL-165 Request to Enter Default, default entered, judgment can follow |
| Respondent files FL-120 Response on day 29 | Case proceeds as contested, both parties bound by ATROS |
Scenario 3 – Military Spouse Service
| Service Path | Court Outcome |
|---|---|
| Petitioner serves active-duty respondent overseas, requests default at day 31 | Default denied under SCRA, case stayed up to 90 days |
| Petitioner serves through base legal assistance, respondent waives SCRA stay in writing | Case proceeds normally on standard 30-day clock |
Three Named Examples That Show How FL-110 Plays Out
Carlos in Bakersfield filed FL-110 and FL-100 on March 3, then waited until June to serve. During the gap, his wife sold a community-property motorcycle. Because ATROS only bound her after service, Carlos had no contempt remedy and recovered the value only through later community property characterization under Family Code §760.
Aisha in Oakland served her husband personally on April 1. He failed to respond by May 1. She filed FL-165 on May 5 and obtained a default judgment that awarded her the family residence. Her husband’s CCP §473(b) motion was denied because service was airtight.
Tomás in Long Beach relied on substituted service at his wife’s parents’ house. The court found the parents’ home was not her “usual place of abode” under Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, voided the default, and Tomás had to start service over.
Mistakes to Avoid
The following errors come up again and again in California family courts.
- Filing FL-110 in the wrong county and triggering a CCP §397 venue transfer, which adds 60–120 days
- Listing your spouse by nickname instead of legal name, leading to a void judgment under In re Marriage of Lippel (1990) 51 Cal.3d 1160
- Serving FL-110 yourself, which violates CCP §414.10 and voids service
- Forgetting to attach blank FL-120 Response and FL-105 UCCJEA forms when minor children are involved
- Violating ATROS by changing a beneficiary on a 401(k) governed by ERISA, which also creates federal preemption headaches
- Skipping the Servicemembers Civil Relief Act declaration before requesting default, which voids any default obtained
- Mailing the summons without an FL-117 Acknowledgment and assuming service is done
- Letting the 60-day diligence window for service lapse, triggering an order to show cause
- Using a stale form revision instead of the January 1, 2025 FL-110, which clerks reject on sight
- Filing without the filing fee or fee waiver FW-001, which prevents the clerk from issuing the summons
Dos and Don’ts
The dos protect your case. The don’ts protect your freedom and your wallet.
Do:
- Use the current January 1, 2025 revision of FL-110, because outdated revisions are rejected
- File at the correct branch using the court locator, because venue errors waste months
- Serve within 60 days, because CRC 3.110 triggers an OSC otherwise
- Read ATROS aloud before filing, because most violations are accidental
- Hire a registered process server for contested cases, because their proof of service is presumptively valid
Don’t:
- Don’t write in the case number, because the clerk assigns it
- Don’t serve your own spouse, because CCP §414.10 bars party service
- Don’t change health insurance after filing, because Family Code §2040 freezes coverage
- Don’t move minor children out of California, because Family Code §3048 imposes travel restraints
- Don’t take a default without a SCRA declaration, because the federal stay applies automatically
Pros and Cons of Filing FL-110 Pro Per
Self-filing is common, but it has trade-offs that every petitioner should weigh.
Pros:
- Cost savings of roughly $5,000 to $25,000 in attorney fees, per California Courts self-help data
- Faster filing because you control your own schedule
- Direct access to the Family Law Facilitator at every superior court
- Better understanding of your own case, which helps in mediation
- Full control of strategic decisions like service method
Cons:
- Risk of a void judgment from defective service under CCP §473.5
- ATROS contempt exposure when you do not understand the four restraints
- Missed opportunities for Epstein credits and Watts charges that lawyers spot automatically
- Slower disposition because clerks reject defective forms
- Emotional fatigue, which the California Judicial Council recognizes as a leading cause of stalled cases
Local Rule Nuances by County
California has 58 counties, and each has local rules that affect FL-110 mechanics. Below are the most populous.
Los Angeles County
The Los Angeles Superior Court routes family law cases by ZIP code under LASC Local Rule 5.2. Filing at the wrong hub triggers an automatic transfer order, which adds two to four weeks. LA also requires e-filing for represented parties, although pro per filers may still paper-file.
The consequence of ignoring LA’s districting is delayed issuance of the summons, which delays service, which delays everything downstream. Mei in Glendale filed at Stanley Mosk and lost three weeks when her case was transferred to Burbank.
A common misconception is that LA’s e-filing rules apply to everyone. Pro per filers are exempt under the local rule but may opt in.
San Diego County
San Diego Superior Court consolidates family law at the Family Court branch on Sixth Avenue and the East County and North County branches. The court also offers a walk-in family law clinic that helps pro per filers with FL-110.
The consequence of filing at the wrong San Diego branch is a same-day rejection at the clerk’s window, because the court enforces districting strictly.
A common misconception is that San Diego accepts faxed FL-110 originals. It does not, and the original signed-and-sealed summons must be in the file.
Orange County
Orange County Superior Court requires e-filing through One Legal or File & ServeXpress for many family law documents. The court runs a robust Family Law Self-Help Center.
The consequence of paper-filing in OC when e-filing is mandatory is rejection. Read OC Local Rule 352 before filing.
A common misconception is that OC requires attorneys for any electronic filing. Pro per filers can register for free with the e-filing service providers.
Key Entities You Need to Know
The FL-110 ecosystem is bigger than the form itself. Knowing the players speeds your case along.
- The Judicial Council of California creates and revises FL-110
- The California Department of Child Support Services intervenes when a Title IV-D agency is involved
- The Family Law Facilitator’s Office helps pro per filers free of charge
- The State Bar of California certifies family law specialists
- The California Association of Legal Document Assistants (CALDA) regulates non-attorney form preparers
- Registered process servers bonded with the county clerk handle valid service
Recap of Key Rulings
Three California decisions shape how FL-110 is enforced today.
In re Marriage of Lippel (1990) 51 Cal.3d 1160 holds that a default judgment cannot grant relief beyond what the petition and summons request, which is why the FL-110 caption and FL-100 must align perfectly.
Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140 confirms that ATROS-style restraints reach electronic harassment and digital asset transfers, expanding §2040 to modern conduct.
Kremerman v. White (2021) 71 Cal.App.5th 358 reinforces the diligence requirement before substituted service is permitted, which protects respondents from sloppy pro per service.
Frequently Asked Questions
Do I sign Form FL-110 myself?
No. The clerk signs and seals FL-110 when it is issued. The petitioner signs the FL-100 Petition under penalty of perjury, but never the summons itself.
Can I file FL-110 without FL-100?
No. The summons must accompany a petition. Filing FL-110 alone results in clerk rejection because the court has nothing to summon the respondent to.
Does FL-110 freeze our bank accounts?
Yes. ATROS under Family Code §2040 prohibit transfers outside the usual course of business or necessities of life. Routine bill-paying is allowed, but moving balances to a hidden account is not.
Can I serve my spouse myself?
No. CCP §414.10 bars any party from serving their own case papers. Use any non-party adult over 18, a friend, or a registered process server.
How long do I have to serve FL-110?
Yes, you have 60 days under California Rule of Court 3.110 before the court issues an order to show cause why the case should not be dismissed for lack of service.
What if my spouse lives out of state?
Yes, you may serve under CCP §415.40 by certified mail with return receipt requested, but the response time extends to 30 days from receipt and California must still have personal jurisdiction.
Does the respondent have to respond to FL-110?
Yes, within 30 calendar days of service. Failure to respond allows the petitioner to enter a default and obtain a judgment that may award everything requested in the petition.
Can FL-110 be amended after filing?
Yes, under CCP §472, but any amendment that changes parties or adds claims requires re-service and restarts the 30-day response clock for the affected portion.
Is FL-110 used for domestic partnerships?
Yes. Registered domestic partners use the same FL-110 to dissolve their partnership under Family Code §299, and the form’s caption accommodates partner-versus-spouse terminology.
Does FL-110 apply to parentage cases?
Yes, a parallel summons is used in parentage actions under Family Code §7600 on Form FL-210, but the ATROS structure and service rules mirror FL-110.
What does it cost to file FL-110?
Yes, a fee applies, currently around $435 to $450 depending on county surcharges. Indigent filers can use Form FW-001 for a fee waiver.
Can I e-file FL-110?
Yes, in most counties through approved electronic filing service providers, although pro per filers in Los Angeles and a few other counties may still paper-file.
Related reading
- How to Fill Out California Form FL-300 (w/Examples) + FAQs
- How to Fill Out California FL-100 (w/Examples) + FAQs
- How to Fill Out California FL-170 (w/Examples) + FAQs
- How to Fill Out California Form FL-130 (w/Examples) + FAQs
- How to Fill Out California Form FL-270 (w/Examples) + FAQs
- How to Fill Out California Form FL-410 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs