"Frank Rorie is one of the most well-respected criminal defense lawyers in the Los Angeles area because he is diligent, always well-prepared and dedicated to helping his clients." - William Ayers, Esq.

"The clients who I've referred to Frank have all been satisfied with their results."- Michael Botello, Esq.

"I've known Frank to be a very hardworking and conscientious family law attorney."- Alexander Macksoud, Esq.

If you or a loved one is in need of an attorney, contact the Law Offices of Frank D. Rorie for a free consultation and ask to speak with an attorney immediately.

The Law Offices of Frank D. Rorie

The Iowa Courthouse
18411 Crenshaw Blvd.
Suite 360
Torrance, California 90504

Phone (310) 316-6893

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Summons

SUMMONS FORM (FL-110) (here)

A Summons in Family Law provides a party notice that he or she is being sued. A summons is also known as form FL-110. When the Petitioner decides to alter the marriage contract, whether by dissolution (divorce), legal separation, or nullity the Petitioner MUST file a Summons and serve the opposing party with the Summons as well as the Petition and any other necessary forms. After serving the opposing party with the Summons and any related papers, the party or the attorney representing the party MUST file a Notice of Service of Summons (FL-115) (here).

30 DAY RESPONSE REQUIREMENT
The Summons provides the Respondent notice that he or she has 30 calendar days after the Summons and Petition are served on him to file a Response (form FL-120 or Fl-123) at the court and have a copy served on the petitioner. A letter or phone call will not protect you.

If the Respondent does not file the Response on time, the court may make orders effecting the marriage or domestic partnership, the Respondent's property, and custody of the Respondent's children. The Respondent may also be ordered to pay child or spousal support, as well as attorney fees and costs.

COURT AND ATTORNEY INFORMATION
The Summons provides the name and address of the court, as well as the name, address, and telephone number of the petitioner's attorney or the petitioner if in pro per and no restraining order is issued.

RESTRAINING ORDERS
On page two of the Summons is a restraining order which is effective against both spouses or domestic partners until th epetition is dismissed, a judgment is entered, or the court makes further orders. A law enforcement officer who has received or seen a copy of the restraining order may enforce the order anywhere in California.

The Standard Family Law Restraining Order provides that starting immediately, you and your spouse or domestic partner are restrained from:

1. 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;


2. 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 child or children;


3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and


4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.

You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs.

COMMUNITY PROPERTY WARNING
The Summons contains the following warning concerning community property: California law provides that, for purposes of division of property upon dissolution of a marriage or domestic partnership or uon legal separation, property acquired by the parties during marriage or domestic partnership in joint form is presumed to be community property. If either party to this action should die before the jointly held community property is divided, the language in the deed that characterizes how title is held (i.e., joint tenancy, tenants in common, or community property) will be controlling and not the community property presumption. You should consult your attorney if you want the community property presumption to be written into the recorded title to the property.