What is a summons in a divorce case and how to fill it out

Last updated 2026-07-09

What is a summons in a divorce case?

A summons is a one- or two-page form the court issues (or that you prepare and the court stamps) at the start of a divorce. It does one thing. It formally notifies your spouse that a divorce case has been filed and tells them how many days they have to file a written response before the court can move forward without them.

The summons is not the divorce petition. The petition is the document where you spell out what you want: grounds for divorce, property division, custody. The summons is the wrapper around the petition. Think of it as the envelope that makes the whole thing legally official.

Federal due process, rooted in the Fourteenth Amendment, requires that a person receive adequate notice before a court can take action affecting their rights ^[1]. The summons is how family courts meet that requirement. Without it, any judgment the court entered would be legally vulnerable.

In an uncontested divorce, where both spouses agree on everything, the summons still has to exist. You just handle service differently. Most states let the other spouse sign a waiver of service or acceptance of service, which means no process server, no sheriff, no drama. The summons gets filed, service is waived on paper, and you both move on.

What information does a divorce summons contain?

The summons is short. Most states use a one-page form. Here is what every summons contains, regardless of state.

The court's name and address. The specific court handling your case, for example, "Superior Court of the State of California, County of Los Angeles."

The case caption. Your full legal name as petitioner (or plaintiff), your spouse's full legal name as respondent (or defendant), and the case number the clerk assigns when you file.

The deadline to respond. This is the core legal content. It reads something like: "You have 30 days after service of this summons to file a written response with this court." The exact number of days varies by state. California gives 30 days for in-state service ^[2]. New York gives 20 days if served in person in-state, 30 days if served by other means ^[3]. Texas gives 20 days plus the next Monday ^[4].

A warning about default. If the respondent does not file a response in time, the court can enter a default and grant everything the petitioner asked for. This language is required so the respondent understands the stakes.

Signature lines. Usually for the clerk of court or a deputy clerk. In some states the court's seal is stamped here.

Standard restraining orders (in some states). California's summons, for example, contains Automatic Temporary Restraining Orders (ATROs) that go into effect the moment the summons is served. These orders freeze asset transfers, prohibit removing children from the state, and restrict canceling insurance policies ^[2]. Texas has similar standing orders in many counties. If your state includes these, read them carefully. They bind both parties the moment service happens.

How do you fill out a divorce summons?

Most states either give you a pre-printed, fill-in-the-blank form or generate the summons automatically when the clerk processes your petition. You rarely write a summons from scratch.

Here is the step-by-step process for a typical state that uses a fill-in form.

Step 1: Get the correct form. Download it from your state or county court's website. Do not use a form from another state or an older version you found through a random search. Court websites stay current. Old PDFs circulate online for years. Start at your state court's self-help center. The National Center for State Courts keeps a directory of state court websites at ncsc.org ^[5].

Step 2: Fill in the caption. Write the court's full name at the top. Then put your name on the petitioner/plaintiff line and your spouse's name on the respondent/defendant line exactly as they appear on your petition. Middle names or initials should match. This is not the place for nicknames.

Step 3: Leave the case number blank. You do not have a case number yet. The clerk assigns it when you file. Some forms have a line that says "Case No.: (to be assigned by clerk)" or you simply leave it blank. The clerk stamps or writes it in.

Step 4: Do not fill in the clerk's signature or seal area. That section is for the court. If you sign there yourself, the summons is invalid.

Step 5: File the summons with your petition. In most states you file the summons and petition together. The clerk reviews them, stamps the filing date and case number on both, keeps the originals, and hands you certified copies. Filing fees run roughly $100 to $400 depending on the state and county ^[6].

Step 6: Serve the summons. Once filed and stamped, the summons has to reach your spouse under your state's service of process rules. In an uncontested divorce, your spouse can sign a waiver or acknowledgment instead. More on that below.

One honest caution. If you fill in the wrong form, leave out a required field, or use the wrong court name, the clerk rejects the filing or the summons comes out defective. Defective service is one of the most common reasons uncontested divorces get delayed. Take an extra ten minutes to check your state court's instructions before you file.

What is the difference between a summons and a divorce petition?

People mix these up constantly. They are two separate documents that travel together.

The petition (called a complaint in some states) is where you tell the court everything: the grounds for divorce, whether there are children, how you want assets and debts divided, whether you are asking for alimony, and what you want to happen to the family home. It is the substance of your case. You can learn more about what goes in the full package on our divorce papers page.

The summons carries almost none of that substance. It is purely procedural. Its job is to give your spouse legal notice that the case exists and to create a deadline.

A rough analogy: if the petition is a complaint letter, the summons is the certified mail receipt. One carries the information. The other proves the person was notified.

Both documents have to be served on your spouse together. Serving the petition without the summons, or the summons without the petition, is defective service and can delay or void your case.

Do you need a summons for an uncontested divorce?

Yes. Every state that has formal divorce proceedings requires a summons, even if your divorce is completely agreed-upon.

What changes in an uncontested divorce is how you handle service. Rather than hiring a process server or having a sheriff show up at your spouse's door, most states let the responding spouse sign a document called a Waiver of Service, Acceptance of Service, or Acknowledgment of Service. In many states the responding spouse signs it in front of a notary. In others they just sign it and file it with the court. This document replaces the formal service event.

What the waiver says, in plain English, is: "I know this case was filed. I received a copy of the summons and petition. I am not asking the petitioner to formally serve me." Once filed, the clock for responding either starts running or, in true uncontested divorces, the respondent files their response or a written agreement at the same time.

Some states go further and let both spouses file jointly from the start, which changes the summons dynamic entirely. In those states (Colorado and Washington, for example, allow joint petitions) there may be no summons-and-service step at all because there is no "other side" to notify ^[7]. If you and your spouse are filing jointly, confirm with your state court whether a summons is required at all.

Not sure whether your state requires formal service even in an uncontested case? Your state court's self-help center is the place to check. Never skip the summons step on a guess.

How is the summons served on your spouse?

Service of process is the official delivery of the summons and petition to the respondent. The method matters legally. There are four main ones.

Personal service. A process server or sheriff deputy physically hands the documents to your spouse. This is the gold standard. It creates the clearest proof of service record.

Substituted service. If your spouse dodges service or is not home, many states allow leaving documents with another adult at the residence and then mailing a copy. Rules vary on how many attempts you make first.

Acceptance/waiver of service. Your spouse signs a form saying they received the documents voluntarily. This is the standard method in uncontested divorces. It saves money (process servers charge $50 to $150 or more per attempt) and avoids awkwardness.

Service by publication. When you genuinely cannot locate your spouse, courts allow publishing a notice in a local newspaper for a set number of weeks. This is a last resort. It is slow and costly, and it usually ends in a default divorce since the missing spouse never actually responds.

After service happens, whoever served the documents (or the respondent who signed the waiver) files a Proof of Service or Return of Service with the court. This document closes the loop. Without it, the court does not know service was completed and will not schedule a hearing or process a default.

Service Method	Typical Cost	Who Can Do It	Best For
Process server	$50-$150+ per attempt	Licensed process server	Contested or uncertain cases
Sheriff/marshal	$0-$75 (county fees vary)	Sheriff's department	Budget-conscious, in-county
Acceptance of service	$0 (notary ~$5-$15)	Respondent signs voluntarily	Uncontested divorces
Service by publication	$100-$500+ (newspaper fees)	Arranged by petitioner	Spouse cannot be located

What happens after the summons is served?

Once the respondent is served (or files an acceptance of service), the response deadline starts. Three things can happen next.

Respondent files a response. In a contested case, they file an answer and possibly a counter-petition. In an uncontested case, they often file a response agreeing to the terms or, in some states, simply sign the settlement agreement.

Nothing happens, so you file for default. If the respondent misses the deadline and does not request an extension, the petitioner can file for a default. The court then schedules a default hearing or processes the case on the papers alone, depending on the state. The petitioner generally gets what they asked for in the petition, within reason.

Both spouses file a written settlement agreement. In an uncontested divorce, the fastest path is to have the full marital settlement agreement ready before or shortly after the summons is served. The respondent's response and the settlement agreement can be filed together, or close together, which moves the case toward a final hearing much faster.

From the day of filing, the total timeline for an uncontested divorce is usually 2 to 6 months, driven almost entirely by the state's mandatory waiting period and court scheduling. California has a 6-month minimum waiting period ^[2]. Some states, like Alaska or South Dakota, have no mandatory waiting period at all. The summons and service step itself rarely takes more than a week in an uncontested case where the respondent signs a waiver.

What are the automatic restraining orders that sometimes appear on a summons?

Several states print automatic temporary restraining orders directly on the summons form. California is the clearest example. California Family Code Section 2040 spells out what those ATROs cover ^[2].

According to the California Courts self-help website, the ATROs prevent both parties from: "removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court" and from "cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children." ^[2]

Those orders bind the petitioner the moment they file. They bind the respondent the moment they are served. Violate them and you can affect property division, custody decisions, and even face contempt of court.

States with similar automatic orders on their summons include Arizona, Florida, and New York. If your summons has a section titled "Standard Family Law Restraining Orders" or "Automatic Orders," read it twice. Violating an order you never read is not a legal defense.

No automatic orders on your state's summons? That does not mean you are free to move money around or take the kids out of state. Filing the petition itself often triggers obligations under state law. When in doubt, do not make major financial moves until you have talked to a divorce attorney.

What happens if the summons is filled out wrong or service is defective?

Defective service is one of the most reliable ways to turn a 3-month uncontested divorce into a 9-month headache. Courts take it seriously because due process depends on it.

Here are the common mistakes.

Wrong form version. Courts update forms. Use a version that was revised two years ago and the clerk may reject it at filing or, worse, accept it and let a problem surface later.

Name mismatch. The respondent's name on the summons has to match the petition and ideally match their government ID. If your spouse goes by a nickname on the summons but their legal name is on the petition, that is a problem.

Not filing proof of service. The summons gets served but nobody files the proof of service. The case stalls. The clerk will not move it forward.

Wrong service method. If your state requires personal service before substituted service can be attempted and you skip straight to substituted service, a court can later find that service was invalid.

Serving the wrong person. This sounds obvious but it happens, especially when someone sends documents to a relative's address. The respondent has to actually receive them.

When service is defective, the fix is usually to re-serve properly and file a corrected proof of service. That resets the response deadline. It costs time and possibly another trip to a process server. If the respondent later challenges a judgment because service was defective and they truly did not know about the case, the court can, in serious cases, vacate the judgment entirely.

The simplest protection is to use your state court's official, current form and follow the service instructions exactly.

How much does it cost to file and serve a divorce summons?

The summons itself has no separate filing fee. It gets filed with the petition, and one fee covers both. Filing fees for a divorce petition, which includes the summons, range from about $70 in Mississippi to around $435 in California as of 2024, with most states in the $150 to $300 range ^[6].

Service costs are separate.

• Waiver of service (uncontested, spouse cooperates): $0 to $15 (possible notary fee)
• Process server: $50 to $150 on average for one attempt; add $25 to $75 per additional attempt if the first one fails
• Sheriff or marshal service: $0 to $75 depending on county and state
• Service by publication: $100 to $500 or more depending on newspaper rates and how many weeks of publication your state requires

Running a DIY uncontested divorce with a cooperative spouse? Your actual out-of-pocket cost for the summons and service step is basically zero beyond the standard filing fee. The divorce papers guide covers the full cost picture, including the other forms you will need.

Fee waiver programs exist in every state for people who cannot afford filing fees. The form is usually called an Application for Waiver of Court Fees (California uses Form FW-001) ^[8]. Income thresholds and asset limits vary by state.

If you want your complete paperwork prepared without hiring a lawyer, DivorceClear's $149 document packet includes a state-specific, court-ready summons and all the supporting forms, pre-filled based on your answers.

Where can you get a divorce summons form for your state?

Always start with your state or county court's official website. Most states host PDF forms in a self-help or forms section. Here is where to look in major states.

• California: California Courts self-help center at courts.ca.gov. The summons form is FL-110 for dissolution ^[2].
• New York: New York State Unified Court System at nycourts.gov. Forms vary by county for Supreme Court filings.
• Texas: Texas Law Help at texaslawhelp.org (a legal aid site supported by the State Bar) and individual district court websites ^[4].
• Florida: Florida Courts self-help at flcourts.gov. Petition and summons packets come organized by case type.
• Illinois: Illinois Courts at illinoiscourts.gov, under the self-help forms section ^[11].

For every other state, the National Center for State Courts (ncsc.org) links to each state court system ^[5]. The American Bar Association's free legal help page also lists state court self-help centers ^[9].

Skip the generic "free divorce forms" websites unless you verify they match your current state court's version. Court forms get revised. A form that was accurate in 2021 may be missing a required field in 2025.

Can you fill out a divorce summons yourself without a lawyer?

Yes. The summons is one of the simpler forms in a divorce packet. It is essentially a header and a deadline notice. Most people filing an uncontested divorce complete it without an attorney.

The harder part is everything around the summons: making sure your petition is correct, that you have all the required local forms, that your marital settlement agreement covers every issue a judge will look at, and that your proof of service gets filed on time. The summons is rarely where DIY divorces fail. The settlement agreement is.

If your divorce involves significant assets (real estate, retirement accounts, business interests), children, or any disputed issue, talking to a divorce lawyer before you file is genuinely worth the consultation fee, even if you plan to handle the paperwork yourself afterward. A one-hour consultation is not the same as full representation, and the cost is usually $150 to $400. Consider it an insurance policy.

For a clean, agreed-upon uncontested divorce with no children and no major shared assets, a self-represented filing is straightforward and courts actively support it. Many state courts now run self-help centers with staff (not lawyers, but clerks who can guide you on forms) available in person or online. Using them is free and smart.

Frequently asked questions

What is the difference between a summons and a subpoena in a divorce?

A summons starts the divorce case by notifying your spouse that a case was filed and setting a deadline to respond. A subpoena is an order requiring someone to produce documents or appear at a deposition or hearing. Subpoenas come later in litigation if discovery is needed. In a simple uncontested divorce, you will likely never see a subpoena.

Does the summons have to be served in person?

Not in an uncontested divorce. Most states allow the respondent to sign a written waiver or acceptance of service, which replaces in-person service. If your spouse refuses to sign a waiver, you need a process server, sheriff, or another method your state allows. Personal service is required in some states before any alternatives become available.

How long does the respondent have to respond to a divorce summons?

It depends on the state. California gives 30 days for in-state service. New York gives 20 days for in-person service or 30 days for other methods. Texas gives 20 days plus the next Monday after the 20th day. Check your state court's summons form or self-help page for the exact deadline, because using the wrong number is a real filing mistake.

What happens if my spouse never responds to the divorce summons?

If the response deadline passes without a response, you can file for a default. The court schedules a default hearing or processes the case on the papers, and you generally receive what you asked for in the petition. You still have to prove proper service happened before the court will enter a default. A default judgment is final but can be challenged later if service was defective.

Can my spouse refuse to sign the summons acceptance or waiver of service?

Yes. If they refuse, you cannot force them to sign. You then serve them through a formal method: process server, sheriff, or another method your state allows. Refusing to sign a waiver does not stop the divorce. It just means you spend more time and money on service. Courts see this regularly and have procedures for it.

Who signs a divorce summons?

The clerk of court signs the summons, not the petitioner or their attorney. You prepare the form and file it, but the official signature and court seal come from the clerk's office. Some courts issue a pre-printed form with the clerk's signature already on it. Others stamp and sign your prepared form at the time of filing.

Is a divorce summons the same as divorce papers?

Not exactly. "Divorce papers" is a general term covering everything: the petition, summons, financial disclosures, settlement agreement, and any local forms your court requires. The summons is one specific document within that broader package. Serving divorce papers typically means delivering the summons and petition together, which is the minimum required to start the legal clock on a response.

Do I need a summons if my spouse and I are filing a joint divorce petition?

In states that allow joint petitions (both spouses file together), there may be no summons or service requirement because both parties are already before the court as co-petitioners. Colorado and Washington are examples. Check your state court's instructions before assuming joint filing eliminates the summons step, since rules vary and some courts still require a form even with joint filings.

Can the automatic restraining orders on the summons be modified?

Yes, by court order or written agreement of both parties. In California, the ATROs that appear on FL-110 can be modified if both parties consent in writing or if a judge grants a modification on a showing of good cause. They are temporary orders, meaning they stay in place only until the divorce is finalized or a different order replaces them.

How do I prove I served the summons correctly?

You file a Proof of Service form with the court. If a process server or sheriff handled service, they complete the form and you file it. If your spouse signed a waiver of service, you file that signed waiver. The proof of service has to include the date, time, location (for personal service), and method of service. Most states have a standard form for this, often called FL-115 in California or its equivalent elsewhere.

How much does it cost to have a divorce summons served by a process server?

Process servers typically charge $50 to $150 for a first service attempt in the same metro area, with extra fees for rush service, multiple attempts, or long-distance travel. Some states charge $0 to $75 for sheriff service as an alternative. In an uncontested divorce where the respondent signs a waiver voluntarily, you pay nothing beyond a possible $5 to $15 notary fee.

What if I make a mistake filling out the summons?

Minor errors like a typo in an address often get corrected at the clerk's window. Bigger errors, like a wrong name or wrong court, require refiling an amended summons. If the error surfaces after service, you may need to re-serve. Courts generally prefer to let parties fix mistakes rather than dismiss cases, but each re-filing and re-service costs time and possibly money.

Do I need a lawyer to file a divorce summons?

No. The summons is a standard court form that self-represented (pro se) filers complete every day. Courts run self-help centers specifically to help with this. The bigger question is whether your overall divorce situation is simple enough for DIY. An uncontested divorce with no children and no shared real estate is manageable without a lawyer. Add disputed assets or custody and the value of legal advice rises sharply.

Sources

1. Legal Information Institute, Cornell Law School - Due Process: The Fourteenth Amendment requires adequate notice before a court can take action affecting a person's rights, which is the constitutional basis for the summons requirement.
2. California Courts - Self-Help Guide to Divorce: California uses summons form FL-110, gives 30 days for in-state service, imposes a 6-month minimum waiting period, and prints Automatic Temporary Restraining Orders (ATROs) on the summons under Family Code Section 2040.
3. New York State Unified Court System - Matrimonial Actions: New York gives respondents 20 days to respond if served in person in-state, and 30 days if served by other means.
4. Texas Law Help - Divorce: Texas requires a respondent to file an answer by 10 a.m. on the Monday following 20 days after service.
5. National Center for State Courts - Court Websites: NCSC maintains a directory linking to every state court system's official website, useful for locating current summons forms.
6. Pew Charitable Trusts (via state court fee schedules): Divorce petition filing fees range from roughly $70 in lower-cost states to approximately $435 in California, with most states between $150 and $300.
7. Colorado Judicial Branch - Dissolution of Marriage Self-Help: Colorado allows joint petitions for dissolution of marriage, which changes the summons and service requirements compared to a single-petitioner filing.
8. California Courts - Fee Waiver Forms (FW-001): California Form FW-001 is the application for a waiver of court filing fees for people who cannot afford them; similar waiver programs exist in every state.
9. American Bar Association - Free Legal Help: The ABA's free legal help page lists state court self-help centers and legal aid resources by state.
10. Florida Courts - Self-Help Center: Florida Courts provides dissolution of marriage petition and summons packets on its self-help site organized by case type.
11. Illinois Courts - Self-Represented Litigants: Illinois Courts hosts official family law forms including summons and petition for dissolution of marriage for self-represented filers.