Form FL-120 at a glance
What it is: Form FL-120, Response-Marriage/Domestic Partnership (Family Law), is adopted for mandatory use by the Judicial Council of California.
Where and when to file: The original response must be filed in the court with proof of service of a copy on Petitioner.
A filled-in Form FL-120 example: a husband responds to a divorce petition
How to fill out Form FL-120, box by box
Your name and address, the court and the case
Under Party without attorney or attorney, enter the Name, Firm name, Street address, City, State, Zip code, Fax no., Telephone no. and E-mail address, and the Attorney for (name).
Enter the Superior Court of California, County of, with the Street address, Mailing address, City and zip code and Branch name.
Enter the Petitioner and Respondent and the Case number.
Amended response and request for
Under AMENDED RESPONSE AND REQUEST FOR, check Dissolution (Divorce) of, Nullity of or Legal Separation of, with Marriage or Domestic Partnership.
Legal relationship
Under LEGAL RELATIONSHIP (check all that apply), check married, or domestic partners with a domestic partnership established in California, or domestic partners with a domestic partnership NOT established in California.
Residence requirements
Check Petitioner or Respondent for the one who has been a resident of this state for at least six months and of this county for at least three months immediately preceding the filing of this Petition. (For a divorce, unless you are in the legal relationship described in 1b., at least one of you must comply with this requirement.)
When the domestic partnership was established in California, neither has to be a resident or have a domicile in California to dissolve the partnership here.
Same sex, married in California, but currently live in a jurisdiction that does not recognize, and will not dissolve, the marriage: this Petition is filed in the county where married. Specify where Petitioner lives and where Respondent lives.
Statistical facts
Under STATISTICAL FACTS for a marriage, enter the Date of marriage (specify), the Date of separation (specify) and the Time from date of marriage to date of separation (specify) in Years and Months.
For a domestic partnership, enter the Registration date of domestic partnership with the California Secretary of State or other state equivalent (specify), the Date of separation (specify) and the Time from date of registration of domestic partnership to date of separation (specify) in Months and Years.
Minor children
There are no minor children.
The minor children are: Child's name Birthdate Age
If there are minor children of Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) must be attached.
Petitioner and Respondent signed a voluntary declaration of parentage or paternity. (Attach a copy if available.)
Legal grounds
Respondent requests that the court make the following orders: Respondent contends that the parties never legally married or registered a domestic partnership.
Respondent denies the grounds set forth in item 5 of the petition.
Respondent requests Divorce (1) or Legal separation of the marriage or domestic partnership based on (a) irreconcilable differences or (b) permanent legal incapacity to make decisions.
Child custody and visitation (parenting time)
Under CHILD CUSTODY AND VISITATION (PARENTING TIME), check Petitioner, Respondent, Joint or Other for Legal custody of children to, Physical custody of children to and Child visitation (parenting time) be granted to.
As requested in, check form FL-311, form FL-312, form FL-341(C), form FL-341(D), form FL-341(E) or Attachment 6c(1).
Child support
If there are minor children born to or adopted by Petitioner and Respondent before or during this marriage or domestic partnership, the court will make orders for the support of the children upon request and submission of financial forms by the requesting party.
An earnings assignment may be issued without further notice.
Any party required to pay support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent.
Other (specify):
Spousal or domestic partner support
Under SPOUSAL OR DOMESTIC PARTNER SUPPORT, check Spousal or domestic partner support payable to Petitioner or Respondent.
Terminate (end) the court's ability to award support to Respondent or Petitioner.
Reserve for future determination the issue of support payable to Respondent or Petitioner.
Other (specify):
Separate property
Under SEPARATE PROPERTY, check There are no such assets or debts that I know of to be confirmed by the court.
Confirm as separate property the assets and debts in the Property Declaration (form FL-160) or Attachment 9b. Enter the Item and Confirm to.
Community and quasi-community property
Under COMMUNITY AND QUASI-COMMUNITY PROPERTY, check There are no such assets or debts that I know of to be divided by the court.
Determine rights to community and quasi-community assets and debts. All such assets and debts are listed in Property Declaration (form FL-160), Attachment 10b. or specify
Other requests
Under OTHER REQUESTS, check Attorney's fees and costs payable by Respondent or Petitioner.
Respondent's former name be restored to (specify):
Other (specify): Continued on Attachment 11c.
Signature and the original response
Declare under penalty of perjury under the laws of the State of California that the form is true and correct.
The Respondent enters the Date, types or prints the name and signs (Signature of Respondent). The Attorney for Respondent enters the Date, types or prints the name and signs (Signature of Attorney for Respondent).
The original response must be filed in the court with proof of service of a copy on Petitioner.
More rules for Form FL-120
NOTICE: You may redact (black out) social security numbers from any written material filed with the court in this case other than a form used to collect child, spousal or partner support.
NOTICE-CANCELLATION OF RIGHTS: Dissolution or legal separation may automatically cancel the rights of a domestic partner or spouse under the other domestic partner's or spouse's will, trust, retirement plan, power of attorney, pay-on-death bank account, survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel the right of a domestic partner or spouse as beneficiary of the other partner's or spouse's life insurance policy.
Sources
[1] Form FL-120 (Rev. January 1, 2020), Response-Marriage/Domestic Partnership, Judicial Council of California (the Official source link on this page).