Forms & Paperwork

How to Fill Out Form FL-110 (Summons)

By DivorceFastCA Editorial Team4 min readUpdated
Illustration of a California Summons document with a restraining-order ribbon

Quick answer

Form FL-110 (Summons) is a mandatory two-page form that officially notifies your spouse they are being sued for divorce. You only fill out the top half of page one with your names and the court address. The back of the form contains automatic restraining orders (ATROs) that instantly freeze both spouses' assets the moment the form is filed and served.

When you file for divorce in California, you cannot just hand your spouse the Petition and expect the court to take over. You must formally "summon" them to court. For the complete list of California divorce forms, see our master checklist.

Form FL-110 is the official Summons. It is a mandatory form that must be filed alongside your FL-100 Petition. While the form itself is incredibly easy to fill out, the legal power it carries is massive.

How to Fill Out Page 1

Page 1 of the FL-110 is simply a notification document. It tells your spouse that a lawsuit has been filed against them and that they have exactly 30 days to file a formal Response (Form FL-120). Filling it out takes less than two minutes:

  1. NOTICE TO RESPONDENT: Write your spouse's full legal name exactly as it appears on the FL-100 Petition.
  2. PETITIONER'S NAME IS: Write your full legal name.
  3. Case Number: Leave this blank. The court clerk will stamp your official case number here when you file the paperwork.
  4. Court Information: Write the name, street address, and mailing address of the specific county courthouse.
  5. Your Contact Information: Write your name, address, and phone number in the box at the bottom left.

Do not sign or date the form. The bottom right section is for the court clerk's signature and seal.

The Power of Page 2: The ATROs

Page 2 contains the Standard Family Law Restraining Orders, commonly known as ATROs (Automatic Temporary Restraining Orders). Under California Family Code Section 2040, these restraining orders go into effect automatically — the moment you file the FL-110 for the Petitioner, and the moment your spouse is served for the Respondent.

What the ATROs Prevent You From Doing

  • Taking minor children out of state or applying for a new passport without your spouse's written consent or a court order.
  • Canceling insurance: No cancel, transfer, or beneficiary changes on life, health, auto, or disability insurance covering your spouse or children.
  • Hiding or transferring property: No selling, hiding, transferring, or borrowing against property, whether community or separate.
  • Creating extraordinary debt: No new loans or large credit card balances except for necessities of life or to pay your divorce attorney.

What Happens if You Violate the ATROs?

The ATROs are binding court orders. Violating them is contempt of court — the judge can fine you, order you to pay your spouse's attorney fees, and in severe cases involving hidden assets, award 100% of the hidden asset to your spouse as a penalty.

If you legitimately need to sell a house or cash out a stock portfolio while the divorce is pending, you must get your spouse to sign a written agreement allowing it, or file a motion asking the judge for permission.

Ready to file? Start your California divorce packet and we'll prepare the FL-100 and FL-110 for you.

Frequently asked questions

Do I have to serve the FL-110 on my spouse?

Yes. You cannot just mail it to them yourself. An adult over the age of 18 (who is not you) must physically hand the filed FL-110 and the FL-100 Petition to your spouse. See our guide on how to serve divorce papers in California for the full process.

Does the FL-110 mean my spouse has a restraining order against me?

No. The ATROs on the back of the FL-110 are financial and jurisdictional restraining orders. They are not Domestic Violence Restraining Orders. They do not prevent you from talking to your spouse or living in the same house.

What if my spouse ignores the Summons?

Your spouse has 30 days to file a Response (Form FL-120). If they do not respond within 30 days, you can file for a True Default. This allows you to proceed with the divorce without them, and the judge will likely grant everything you asked for in your Petition.

DivorceFastCA provides self-directed document preparation services at your specific direction. We are not a law firm and cannot provide legal advice. If you have complex assets, business interests, or a contested custody dispute, consult a licensed California family law attorney.