California Divorce Form FL 120 Response -Marriage/Domestic Partnership
In this lesson, you will learn how to complete form FL 120, FL 120 Response -Marriage/Domestic Partnership. You must complete this form to respond to the dissolution of marriage petition, FL 100. Submit this form the court along with FL 105 and Fl 311 (Fl 105 and FL 311 must be submitted if you have children). Please watch the video for additional information on which boxes and additional forms you may need to prepare to file for divorce in California.
The fictional family, the “Richardsons’,” will be used as an example throughout this course. If you are the petitioner, you will likely be checking the same boxes as William Richardson. If you are the respondent, you may select the same options as Kelly Richardson. The boxes you select will depend on your particular matter.
The sample below demonstrates how Kelly Richardson, the respondent (spouse responding to the divorce), inserts her personal information into the header section of this form. In the header section of the form, insert your personal information. List your first and last name in the first box. On the next line, list your street address. List the city of your residence and provide a telephone number for you to be reached. Providing a fax number and email address is optional. Because you are representing yourself, in the “Attorney For” field, insert “Respondent In Pro Per” or “Respondent Pro Se.”
In the next box, Kelly must list the court name and address in which her matter will be heard. Since Kelly resides in central San Diego, she will fill his petition with the Family Court-Central Division located at 1555 Sixth Avenue, San Diego, CA 92101 (this address has changed to 1100 Union St). The petition to divorce must be filed in the superior court of the county where you reside. Contact us if you are unsure as to which court to file your documents in. The filing fee for a divorce response in San Diego is $435. The filling fee is most likely the same amount in the county in which you will file for divorce. You will be provided with a case number once your documents are filed with the court clerk. This case number must be inserted on this document. The case number will be stamped on FL 110.
Since Kelly is responding to William’s petition for dissolution, she will check 1(a). She has resided in California for 15 years and San Diego County for the past three months. She will check box 2(a). William and Kelly wed on December 25, 2000. The parties separated on November 25, 2016. The date of marriage to the date of separation is fifteen years and eleven months. This information is inserted on item 3.
If you and the petitioner have minor children together, check 4b. Insert each minor child’s name, birth date, age and sex. Kelly has a minor daughter named Rose Richardson.
On the next page, Kelly must address the legal grounds in which she is responding to. There are only two legal grounds in which a party can divorce in California: irreconcilable differences or permanent legal incapacity to make decisions. William and Kelly are divorcing because of irreconcilable differences.
Next, you must choose whether you would like sole or joint legal and physical custody. Legal custody refers to which parent gets to make decisions regarding where a child lives, attends school, practices religious activities, and the medical care he/she receives. Physical custody refers to where the child will lives. In my example, Kelly wants joint legal custody and physical custody of Rose. She wishes William to have visitation rights. Note, both parties to not need to initially agree to custody and visitation request. This can later be discussed during the divorce.
(*select FL 311 if you want to request a custody arrangement; see the lesson on how to complete FL 311 for more information).
The child support field can be left blank. Whenever a party files for divorce with minor children, child support will apply. Neither party can waive child support. The matter can be reserved and readdressed at a later time. Child support must be paid until a child turns 18-years-old.
The court may grant spousal support depending on many factors. In this example, Kelly does not want spousal support and wants to terminate the ability of the court to grant William spousal support. You may waive your right to spousal support and mark box c for the court to address the issue in the future.
In the next section, you must address any separate property you want to keep post-divorce. In our example, Kelly requests that all assets acquired before marriage and after separation be confirmed as her separate property. Separate property cannot be divided in a divorce, only community property.
Depending on the length of your marriage, you may have an extensive amount of community and quasi community property. It is best to work out an agreement on the division of property outside of court. In our example, Kelly believes she can reach an agreement with William.
Since Kelly is representing herself, she will not be seeking attorney fees.
Sign the form once completed. Please proceed to the next lesson.