The FL-110 is the Summons that goes out with the divorce Petition at the very start of a California divorce. If the Petition says “here is what I’m asking for,” the Summons says “a divorce case has been filed, and here are the rules you both must follow now.” One of its most important features is that it puts a set of automatic restraining orders in place, on both spouses, the moment the case begins. It’s a short form, but it carries real legal weight from day one.
If the FL-110 came up as you start (or respond to) a divorce, this guide explains what it does and why it matters.
Quick note first: California Divorce Pros is a registered Legal Document Assistant service, not a law firm. We prepare divorce forms, including the FL-110, based on your information. We don’t give legal advice. Here’s what this form is about.
Key Takeaways
– The FL-110 Summons is served with the Petition to formally start the case.
– It notifies the other spouse that a divorce has been filed.
– It triggers automatic temporary restraining orders (ATROs) on both spouses.
– The ATROs limit big moves with property, money, insurance, and children.
– It’s one of the first forms in every California divorce.
What the FL-110 Does
Every California divorce starts with two core documents: the Petition (FL-100) and the Summons (FL-110). The Petition is your request to the court; the Summons is the official notice to your spouse that the case exists and that legal rules now apply. When your spouse is served, they’re served with both.
The Summons does two main jobs. First, it formally notifies your spouse that a divorce has been filed and that they have a limited time (about 30 days) to respond. Second, and this is the part people underestimate, it activates a set of standard family law restraining orders that apply to both spouses automatically, right away.
The Automatic Restraining Orders (ATROs)
The FL-110 Summons contains what are commonly called ATROs, automatic temporary restraining orders. These aren’t the kind of restraining order about personal safety; they’re financial and practical guardrails meant to keep things stable while the divorce is pending. In general terms, once the case begins, both spouses are restrained from doing things like:
- Moving children out of state without agreement or a court order.
- Selling, transferring, or hiding property.
- Changing or canceling insurance coverage (like health, auto, or life).
- Making large, non-routine financial changes that affect the other spouse.
The key point is that these apply to both spouses equally, and they take effect as soon as the case starts (for the person who files, upon filing; for the other spouse, upon being served). They’re designed to preserve the status quo so neither person can make drastic moves during the divorce. Understanding them early helps you avoid accidentally doing something you’re not supposed to.
Starting or responding to a divorce and unsure about the rules? Book a free consultation and we’ll explain what applies.
When the FL-110 Comes Up
The Summons is a front-of-the-line form:
- The petitioner files the FL-110 with the Petition to open the case.
- The Summons and Petition are served on the other spouse (which is what starts their response clock and applies the ATROs to them).
- Proof of service documents that it happened.
So the FL-110 is tied closely to filing and serving, see our guides on how to file for divorce in California and serving divorce papers. It sets the whole case in motion.
Why It Matters More Than It Looks
People sometimes treat the Summons as a formality, but overlooking it, especially the ATROs, can cause real problems. Making a big financial move or relocating with children after the case starts, without realizing it’s restricted, can create legal complications. The FL-110 is short, but it changes what both spouses are allowed to do the moment the case begins. It’s a small form with an outsized role, part of the broader divorce forms picture.
How California Divorce Pros Helps
We prepare the FL-110 Summons along with your Petition and starting paperwork, so your case opens correctly and the required documents are complete and ready to serve. We’ll also make sure you understand that the standard restraining orders apply once the case begins, so nothing catches you off guard. Here’s how our process works.
Frequently Asked Questions
What is the FL-110 form in California?
It’s the Summons, served with the divorce Petition to formally notify your spouse that a case has been filed. It also imposes automatic temporary restraining orders (ATROs) on both spouses.
What are the ATROs on the FL-110?
Standard family law restraining orders that apply automatically to both spouses when the case starts. They restrict things like moving children out of state, selling or hiding property, and changing insurance, to keep things stable during the divorce.
Do the restraining orders apply to both spouses?
Yes. The ATROs apply equally to both parties, taking effect for the filer upon filing and for the other spouse upon being served.
When is the FL-110 filed?
At the very start, with the Petition. The Summons and Petition are then served on the other spouse to begin the case.
Can California Divorce Pros prepare the FL-110?
Yes. We prepare the Summons and your starting paperwork so the case opens correctly and is ready to serve.
The Bottom Line
The FL-110 Summons is one of the first and most important forms in a California divorce. It notifies your spouse the case has begun and, crucially, triggers automatic restraining orders that limit big moves with property, money, insurance, and children, for both spouses, from day one. It’s brief, but it changes the rules the moment the case starts.
If you want your Summons and starting paperwork prepared correctly, that’s exactly what we do.
Book your free consultation today → and let’s get your divorce started the right way.
California Divorce Pros is a registered and bonded Legal Document Assistant service. We are not attorneys, do not provide legal advice or representation, and cannot recommend legal forms or strategy. Document preparation is provided at the direction of the client under California Business & Professions Code §§ 6400 to 6415. For legal advice about your specific situation, consult a licensed attorney.
