When you are filing for divorce in California you will need certain family law forms that you must file with the California Family Law court prior to the start of your California family law matter. We talked about FL-100, which is the divorce petition. However, you must also file a FL-110, which is commonly referred to as the family law summons. The family law summons provides notice to the other party that you are serving about their family law rights and their time to respond to the family law petition. The FL-110 is usually served by a registered process server or someone with no connection to the family law case. The FL-110 contains the following information right on the actual summons;
- The person being served with the divorce petition and summons has 30 days to file a response, FL-120, with the court in which the divorce petition was filed and must be served on the other party.
- Failure to provide a response may allow the other party to file a default and judgment, which could affect child custody, property, child support and other family law issues.
- It advises the party being served that they should consult with a lawyer.
- Fee waiver; some parties that cannot afford the cost to file a response can file a fee waiver and order to determine whether the family law court will waive their filing fees and other costs.
- Restraining orders: There are a variety of restraining orders that go into effect once a party has been served with a divorce petition and summons. Neither party can remove minor children from the state or apply or receive replacement passports. Making changes to insurance that is currently in effect. Disposing, concealing, transferring real or personal property. Creating a non-probate transfer. Each party must notify the other of any proposed extraordinary purchases five days prior to purchase, and finally there is a statement about the Affordable Car Act for health insurance.
- There is a final waring about property received, purchased, or held during marriage is deemed community property and that if either party dies during the pendency of the family law matter that the property deed will control the transfer of such property upon death.