FL-710 Summons—Joint Petition: The Summons You Never Serve
Form FL-710 (Summons—Joint Petition) is one of the two forms that start a California divorce filed together under SB 1427. It sits right next to the FL-700 Joint Petition — but it works very differently from the summons in a traditional divorce.
The short version: you file the FL-710, but you never serve it. Here's why it exists anyway.
Why does a joint petition have a summons at all?
In a traditional California divorce, the summons is the FL-110. One spouse files it and then has to legally serve it on the other — hiring a process server or the sheriff, and filing a proof of service. Service is what gives the court jurisdiction over the other spouse and starts the clock.
A joint petition removes service entirely: both spouses are already in front of the court by signing the FL-700 together. So the FL-710 keeps the one thing a summons does that still matters when there's no service — it triggers the automatic temporary restraining orders.
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Prepare my formsWhat the FL-710 actually does: the automatic restraining orders
The moment the joint petition is filed, the standard automatic temporary restraining orders (often called ATROs) listed on the FL-710 apply to both spouses at the same time. In plain terms, until the divorce is final or the court says otherwise, neither spouse may:
- Move the children out of state without written consent or a court order
- Cancel or change insurance (health, auto, home, life) that covers the spouse or children
- Transfer, sell, hide, or borrow against property — separate or community — except in the ordinary course of living or running a business
- Change beneficiaries on accounts or policies
These orders exist to keep the financial picture stable while you work through disclosures and your agreement. Because a joint petition is collaborative, the FL-710 restraining orders are mutual and symmetric — they bind Petitioner 1 and Petitioner 2 equally, from day one.
Key point: the FL-710 is not "served" on anyone. Filing it is what puts the restraining orders into effect for both spouses.
FL-710 vs. FL-110: side by side
| | FL-110 (Traditional Summons) | FL-710 (Joint Petition Summons) | |---|---|---| | Filed with | FL-100 Petition | FL-700 Joint Petition | | Served on the other spouse? | Yes — required | No — never served | | Proof of service needed? | Yes | No | | Restraining orders apply to | Petitioner immediately; respondent on service | Both spouses immediately on filing | | Purpose | Gives notice + jurisdiction + restraining orders | Restraining orders only (no service needed) |
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Prepare my formsDo both spouses sign the FL-710?
The FL-710 is filed as part of the joint packet the two of you submit together. Because there's no respondent to notify, there's no service block to complete and no proof of service to file afterward — a meaningful saving in time, money, and stress compared with the traditional path.
Where the FL-710 fits in the process
- Both spouses complete and sign the FL-700 and FL-710 (plus FL-105 if you have minor children).
- You file the packet with your county superior court — the restraining orders take effect immediately.
- You exchange financial disclosures.
- After the six-month waiting period and your agreement, you prepare the final judgment.
If either spouse later changes their mind, either one can revoke the joint petition with Form FL-720 and the case reverts to a traditional filing.
MutualFile generates the FL-710 alongside your FL-700 and disclosures from a single guided interview, so the restraining-order form is completed correctly without you decoding the instructions line by line. MutualFile is not a law firm and does not provide legal advice.