California Form FL-130: Appearance, Stipulations, and Waivers

To fill out California Form FL-130, Appearance, Stipulations, and Waivers, enter the court and party information at the top exactly as it appears on the petition, check the appearance box in Section 1 and the stipulation boxes in Section 2 that match your agreement, sign and date the form along with the petitioner (and any attorneys), and file it with the Superior Court handling your case together with your judgment package. The form tells the court you are participating as the respondent and that both sides want the judge to approve a written agreement without a trial.

When FL-130 Is the Right Form

FL-130 is for uncontested family law matters where both parties have already worked out the terms. It covers divorce, legal separation, nullity, parentage, and custody-and-support cases.¹ It is marked “Approved for Optional Use” by the Judicial Council, meaning it is the standard way for a respondent to appear in an uncontested case without filing a full Response (Form FL-120).²

If you and the other party disagree about property, custody, support, or anything else, FL-130 is not the right document. Contested cases call for a Response (FL-120) and typically involve discovery and hearings.

Header and Case Caption

Download the current version, revised January 1, 2023, from the California Courts website. The form is one page, but every box matters, and clerks reject filings for small omissions.

In the top-left block, put the filing party’s full name, street address, city, state, ZIP, telephone, and email. If you are representing yourself, write “In Pro Per” where the form asks for an attorney. If you have a lawyer, that attorney’s name, firm, and State Bar number go there instead.²

Below that, enter the Superior Court name, county, street address, and branch where the case is pending. The petitioner’s and respondent’s names go in the designated fields exactly as they appear on the original petition. Put the case number in the upper right. If you don’t have it, check the summons or any papers you received from the petitioner.

Section 1 — Appearance

This is where you formally enter the case. Pick one of two boxes.

Check item 1a if you have not previously filed anything in the case. The box reads, “By filing this form, I make a general appearance.” This is the most common choice. A general appearance means you are submitting yourself to the court’s authority over the matter.

Check item 1b if you already filed a Response (FL-120) or another document that put you on record. Under California Code of Civil Procedure section 1014, filing an answer or giving written notice of appearance counts.³

Section 2 — Agreements, Stipulations, and Waivers

This is the substance of the form. Check every box that applies.

Item 2a — Uncontested matter. Both parties agree the case can be decided without a trial. Check this in essentially every case where you are using FL-130.

Item 2b — Waiver of rights. Checking this box waives, for both parties, the right to notice of trial, a statement of decision (the court’s written explanation of its findings), a motion for new trial, and the right to appeal. Once the judge signs the judgment, that decision is essentially final. Do not check this box unless you are genuinely satisfied with the terms of your agreement.²

Item 2c — Commissioner as temporary judge. This lets a court commissioner decide the case instead of a Superior Court judge. Most uncontested cases are handled by commissioners, so checking this avoids delays. California Rules of Court, Rule 2.816, governs this stipulation; once you consent, withdrawing requires a motion showing good cause, and simply disagreeing with the commissioner’s ruling does not qualify.⁴

Item 2d — Written agreement. Check this if you and the other party have a written settlement agreement or stipulated judgment that will be attached to the Judgment form (FL-180).

Signatures

The bottom of the form has four signature blocks: petitioner, respondent, attorney for petitioner, and attorney for respondent. Both parties must sign and date. If either party has an attorney, that attorney must also sign. Print your name exactly as it appears in the header and case caption; mismatched names are a common reason clerks return filings. A missing signature from any required party will result in rejection.

Finish Your Financial Disclosures First

The court will not accept your judgment package until both parties have exchanged preliminary declarations of disclosure. California Family Code section 2104 requires each party to serve the other with a preliminary declaration listing all assets, liabilities, and income, executed under penalty of perjury. The petitioner must serve this within 60 days of filing the petition; the respondent must serve within 60 days of filing a response or appearance. You file proof of service (Form FL-141) with the court, not the disclosure itself.⁵

A final declaration of disclosure is also required before judgment, but both parties can waive it using Form FL-144. The waiver requires each party to declare under penalty of perjury that they have fully disclosed all material facts about assets, liabilities, and values. Skipping both the exchange and the waiver is one of the most common reasons uncontested cases stall.⁶

Companion Forms to File With FL-130

FL-130 does not stand alone. The California Courts self-help site publishes a Judgment Checklist (Form FL-182) that lists everything required for your specific situation, and it is the easiest way to avoid a rejected filing.⁷ The usual companions are:

FL-170, Declaration for Default or Uncontested Dissolution, which tells the court your case qualifies for judgment based on agreement rather than trial.
FL-180, Judgment, the document the judge actually signs. Your written settlement agreement attaches to it.
FL-141, Declaration Regarding Service of Declaration of Disclosure, confirming the preliminary disclosures were exchanged.
FL-144, Stipulation and Waiver of Final Declaration of Disclosure, if you are waiving the final exchange.
FL-190, Notice of Entry of Judgment, which the court uses to notify both parties after the judge signs.

Cases involving children also require Form FL-192 (Notice of Rights and Responsibilities regarding health-care costs and child support), Form FL-191 (Child Support Case Registry Form), and often Form FL-195 (Income Withholding for Support) if support will be deducted from a parent’s paycheck.

Filing the Form

Once every signature is in place and the companion forms are assembled, submit the complete package to the clerk of the Superior Court where your case is pending. You have three options.

In person: bring the originals and at least two copies to the clerk’s filing window. The clerk will stamp everything and return your copies on the spot.
By mail: send the originals to the court’s filing address with a self-addressed stamped envelope so the clerk can return file-stamped copies.
E-filing: many California counties accept electronic filing through authorized service providers, and in some counties attorneys are required to e-file. Check your local court’s website for availability and approved providers.

If the respondent has not previously paid a first-appearance fee, filing FL-130 triggers it. In most counties the amount is $435, based on the statewide fee schedule under Government Code sections 70670, 70602.5, and 70602.6. The fee is slightly higher in Riverside, San Bernardino, and San Francisco counties because of local courthouse-construction surcharges.⁸

If you cannot afford the fee, file a Request to Waive Court Fees (Form FW-001) at the same time. You qualify if you receive certain public benefits, your household income is at or below 125 percent of the federal poverty level, or you cannot pay basic living expenses and the filing fee.⁹

The clerk file-stamps your documents upon acceptance. For e-filed documents, the electronic endorsement carries the same legal weight as a physical stamp under California Rules of Court, Rule 2.259. Keep a stamped copy; you’ll need it as proof the form was filed.¹⁰

What Happens After You File

A judicial officer reviews the entire submission, including the stipulations, the written agreement, the disclosures, and each companion form. If anything is missing or inconsistent, the court sends the package back with a notice explaining what needs correcting. Common reasons for rejection include missing signatures on FL-130, an incomplete FL-170 declaration, or no proof of service of the preliminary disclosure (FL-141).

California Rules of Court, Rule 5.409, gives courts discretion over whether to hold a hearing before entering an uncontested judgment submitted by declaration under Family Code section 2336. Most courts do not require a hearing when the paperwork is complete, but a judge may schedule one if there are concerns about custody, child support amounts, or the fairness of the agreement.¹¹

For dissolution cases, a separate timing rule applies regardless of how quickly the court processes your paperwork. Under Family Code section 2339, no divorce becomes final until at least six months after the respondent was served with the summons and petition or the respondent made an appearance, whichever happened first. Even if the judge signs your judgment before that six-month mark, the marriage is not legally terminated until the waiting period expires. Legal separation and parentage cases have no such waiting period.¹²

Once the judge approves the judgment and the waiting period (if any) has passed, the court files the judgment and mails a Notice of Entry of Judgment (FL-190) to both parties. The date on that notice is when the divorce or legal separation is officially final. Processing times vary by county, from a few weeks in some courts to several months in busier ones. If you checked item 2b waiving appeal and new-trial rights, the judgment is essentially the last word on the case.

1
California Courts | Self Help Guide. Appearance, Stipulations, and Waivers (Family Law—Uniform Parentage—Custody and Support)
2
Judicial Council of California. FL-130 Appearance, Stipulations, and Waivers
3
California Legislative Information. California Code of Civil Procedure 1014 – Appearance of Defendant
4
Judicial Branch of California. California Rules of Court 2026 – Rule 2.816 Stipulation to Court-Appointed Temporary Judge
5
California Legislative Information. California Family Code 2104
6
Judicial Council of California. FL-144 Stipulation and Waiver of Final Declaration of Disclosure
7
California Courts | Self Help Guide. Finish Your Divorce When You Have a Written Agreement (Children)
8
Judicial Council of California. Superior Court of California Statewide Civil Fee Schedule
9
California Courts | Self Help Guide. Request to Waive Court Fees
10
Judicial Branch of California. California Rules of Court 2026 – Rule 2.259 Actions by Court on Receipt of Electronic Filing
11
Judicial Branch of California. California Rules of Court 2026 – Rule 5.409 Default and Uncontested Judgment Hearings
12
California Legislative Information. California Family Code 2339