FL-110 Summons: What It Means, What It Does, and Why It Matters

If you're filing for divorce in California, you've probably already heard about the FL-100 petition. But there's a second form that gets filed right alongside it, and it might actually be more important to understand: the FL-110 Summons.

The FL-110 doesn't get nearly as much attention as the petition itself. That's a problem. Because printed on the back of this form are a set of court orders that go into effect the moment your spouse is served. They restrict what both of you can do with your money, your property, your insurance, and your children for the entire duration of your case.

People violate these orders all the time, usually without knowing they exist.

This guide explains what the FL-110 actually does, what those automatic restraining orders mean in practice, and what both the filing spouse and the responding spouse need to understand before making any financial or parenting decisions during a divorce.

What Is the FL-110 Summons?

The FL-110 is California's official divorce summons. In plain terms, it's the document that puts your spouse on legal notice that a divorce case has been filed.

When you file for divorce, you file two forms together: the FL-100 (Petition) and the FL-110 (Summons). The petition tells the court what you're asking for. The summons tells your spouse that they need to respond.

Specifically, the FL-110 informs the other party that they have 30 calendar days from the date they are served to file a response, which is done on a form called the FL-120. If they don't respond within that window, the petitioner can ask the court to enter a default, which means the case moves forward based solely on what the petitioner requested.

The summons and the petition are always served together. You can think of them as a matched set. The petition is the substance. The summons is the mechanism that makes everything official.

But there's a second function of the FL-110 that most people overlook entirely.

The Automatic Temporary Restraining Orders (ATROs)

Printed on the back of the FL-110 are four automatic temporary restraining orders. In California family law, these are commonly called ATROs.

These are not suggestions. They are enforceable court orders. And they are one of the most misunderstood parts of the entire divorce process.

What ATROs Actually Do

The moment the summons is served on your spouse, the ATROs go into effect for the respondent. For the petitioner, they take effect as soon as the petition is filed. This distinction matters. If you're the one filing, you are bound by these orders before your spouse even knows about the case.

The ATROs prohibit both parties from doing the following:

Removing minor children from the state. Neither parent may take the children out of California without the prior written consent of the other parent or a court order. This includes vacations, family trips, and relocations.

Transferring, concealing, or disposing of property. You cannot hide assets, sell community property, or move money around to keep it away from your spouse. This applies to real estate, bank accounts, investments, vehicles, and personal property.

Canceling or modifying insurance. Neither party may cancel, cash out, or change the terms of any insurance policy, including health, auto, life, disability, or homeowner's coverage. This is true even if you are the sole policyholder.

Changing beneficiaries. You cannot change the beneficiary designations on any retirement accounts, life insurance policies, or other financial instruments during the case.

The purpose behind these orders is straightforward: to preserve the status quo. The court wants to make sure that neither spouse dismantles the financial framework of the marriage before there's been a fair opportunity to sort out who gets what.

These Apply to Both Parties

One of the most common misunderstandings is that ATROs only apply to the person who was served. That's wrong. Both the petitioner and the respondent are bound by these orders once they take effect. The petitioner is bound from the date of filing. The respondent is bound from the date of service.

This is not optional, and it doesn't matter whether either spouse has read the summons carefully. Once you've been served or once you've filed, the orders apply.

What Happens If You Violate Them

Violating an ATRO can carry serious consequences. A court can impose monetary sanctions, draw negative inferences about your credibility, or hold you in contempt. In custody disputes, an unauthorized removal of children from the state can dramatically affect the outcome.

Judges take ATRO violations seriously, even when they're unintentional. Saying you didn't know is not a defense that will earn much sympathy. The orders are printed right on the form.

Common Violations People Don't Realize Are Violations

This is where things get tricky for people handling their own divorce. Many of the actions that violate ATROs seem perfectly reasonable in the moment.

Closing a joint bank account because you're worried your spouse will drain it first? That's a potential violation. Canceling a credit card that's in both names? Violation. Removing your spouse from your health insurance? Violation. Changing the locks on the family home? In most situations, locking out a spouse who has a right to occupy the residence raises serious issues. However, if there is a domestic violence restraining order or a court order granting one party exclusive possession of the home, changing the locks may be appropriate or even necessary. Context matters here, and the answer depends on what orders are in place.

Even well-intentioned financial moves can land you in trouble. If you're consolidating accounts, redirecting deposits, or restructuring your finances in any way after filing, you need to be very careful about what falls within the scope of these orders.

The general rule: if you're not sure whether something violates the ATROs, don't do it until you've confirmed it's permissible. The cost of asking the question first is always lower than the cost of explaining a violation to a judge later.

There are limited exceptions built into the law. Either party may use community property to pay for reasonable attorney's fees, to maintain normal living expenses, or to pay for necessities of life. But these exceptions are narrower than most people assume, and what qualifies as "reasonable" or "necessary" can become a contested issue if your spouse disagrees. The safest approach is to document everything and stay within clearly ordinary spending patterns.

What the Respondent Needs to Know

If you've been served with an FL-110 and an FL-100, you are now officially a party to a divorce case. Here's what that means practically.

You Have 30 Days to Respond

From the date you are personally served, you have 30 calendar days to file an FL-120 (Response) with the court. If you were served by another method, such as substituted service, the timeframe may be slightly different, but 30 days is the standard.

What Happens If You Don't Respond

Not responding does not make the divorce go away. It does the opposite. If you fail to file a response within the deadline, the petitioner can request that the court enter your default. Once a default is entered, the petitioner can proceed with the divorce without your input. The court can grant the terms the petitioner requested in the FL-100, including decisions about property, support, and custody.

This is one of the most important things to understand: ignoring the summons doesn't protect you. It removes your voice from the process entirely.

The ATROs Apply to You Now Too

As soon as you are served, the automatic restraining orders described above apply to you. Review them carefully. Make sure you understand what you can and cannot do with your finances, your insurance, and your children's living situation while the case is pending.

How Service Works

There's an important procedural point that trips people up: you cannot serve the summons yourself.

California law requires that someone other than the petitioner deliver the FL-110 and FL-100 to the respondent. The person doing the serving must be at least 18 years old and not a party to the case.

Methods of Service

The most common method is personal service, where someone physically hands the documents to the respondent. There are other options as well, including substituted service (leaving the documents with a competent adult at the respondent's home or workplace and then mailing a copy) and service by mail with acknowledgment using form FL-117. One important detail about service by mail: it only works if the respondent signs and returns the acknowledgment. If they don't sign, service has not been completed, and you'll need to use another method.

Each method has specific requirements, and the rules matter. Improper service can delay your case or create grounds for the other side to challenge the proceedings.

Proof of Service

After the summons is served, the person who served it must complete a proof of service form. For personal service, this is typically the FL-115. This form is then filed with the court to confirm that the respondent has been properly notified.

Without a valid proof of service on file, the court won't move your case forward.

The Six-Month Clock

Here's a detail many people don't realize: California's mandatory six-month waiting period begins on the date the respondent is served, not the date the petition is filed. So if there's a gap between when you file and when your spouse is served, that gap adds time to your case. The sooner service is completed, the sooner your case can potentially be finalized.

How CourtLoom Handles the FL-110

If you're preparing your own divorce paperwork, one thing that can cause unnecessary confusion is figuring out which forms you need, how they relate to each other, and whether you've filled them out correctly.

CourtLoom eliminates that problem. When you complete the guided case questionnaire, CourtLoom generates both your FL-100 Petition and your FL-110 Summons together, formatted for your specific county's filing requirements. There's no separate form to track down, no second set of instructions to follow. The two documents are produced as the matched set they're meant to be.

This is especially helpful because the FL-110 itself doesn't require much customization. It's largely a standard form. But getting it right still matters, and having it generated alongside your petition means one less thing to worry about during an already stressful process.

Prepare your FL-100 and FL-110 together with CourtLoom →

Frequently Asked Questions

What are ATROs in a California divorce?

ATROs, or automatic temporary restraining orders, are court orders printed on the back of the FL-110 Summons. They go into effect automatically when a divorce is filed (for the petitioner) and when the summons is served (for the respondent). They prohibit both parties from removing children from the state, hiding or disposing of assets, canceling insurance, or changing beneficiaries while the case is pending.

Can I spend money during a divorce in California?

Yes, but within limits. You can use community funds for reasonable attorney's fees, normal living expenses, and necessities of life. However, large or unusual expenditures outside your normal spending patterns can be challenged. The ATROs don't freeze all spending. They prevent transfers, concealment, or disposal of assets outside the ordinary course of business.

What happens after the summons is served in a California divorce?

Once the respondent is served with the FL-110 and FL-100, the ATROs take effect for both parties, the respondent has 30 days to file an FL-120 Response, and California's mandatory six-month waiting period begins. If the respondent does not file a response, the petitioner can request a default judgment.

Do ATROs apply to both spouses?

Yes. The petitioner is bound by ATROs from the date the petition is filed. The respondent is bound from the date they are served. Both parties remain subject to the orders until the case is resolved or the court modifies them.

Practical Takeaways

Here's what you should take away from this:

If you're the petitioner: Understand that the ATROs bind you from the moment you file. Do not make any major financial changes, cancel any insurance, or remove children from the state without understanding the boundaries of these orders. File your FL-110 alongside your FL-100, arrange for proper service, and make sure your proof of service is filed with the court.

If you're the respondent: Take the summons seriously. Read the ATROs on the back. File your FL-120 within 30 days. Ignoring the summons doesn't help you. It only gives the other side more control over the outcome.

For both parties: The ATROs exist to keep things fair while the case is pending. They prevent either side from gaining an unfair advantage by moving money, hiding property, or disrupting insurance coverage. Respect them. If you're unsure whether a specific action is permitted, get clarity before you act.

Moving Forward

Getting served with divorce papers, or filing them yourself, is one of the most stressful moments in the process. But understanding what the FL-110 actually does can take some of that uncertainty away.

The summons is not just a formality. It triggers real legal obligations for both sides. The sooner you understand those obligations, the better positioned you are to protect yourself and move through the process with confidence.

If you're ready to start preparing your California divorce forms, CourtLoom walks you through the process step by step, generating your FL-100 and FL-110 together so you can focus on understanding your case rather than wrestling with paperwork.

For a complete overview of how the divorce process works in California, start with our guide: How Divorce Works in California. And if you haven't already, read our companion piece on the FL-100 Petition to understand what that form covers and why it matters: FL-100 Petition Guide.

This article is for informational purposes only and does not constitute legal advice. Every situation is different, and you should consult with a qualified attorney if you have questions about your specific circumstances. CourtLoom is a document preparation service, not a law firm, and does not provide legal representation.