How to Fill Out and Submit California Form FL-170: Default Dissolution

California Form FL-170, the Declaration for Default or Uncontested Dissolution or Legal Separation, is the sworn statement that lets a judge finalize your divorce or legal separation on paper instead of at a hearing. You submit it as part of a judgment packet once your spouse has either failed to respond, agreed in writing, or stopped contesting the case. It applies to marriages and registered domestic partnerships, and it is required because California Family Code Section 2336 demands proof before a judge signs a judgment, even when the other side never showed up.¹

Which Version of Your Case You Have

The first choice on FL-170 asks you to identify your case type, and that choice drives everything else in the packet.

True default. Your spouse was served with the petition and summons and never filed a Response (FL-120) within 30 days. The judge decides the case based on what you asked for in your petition. You must first file a Request to Enter Default (FL-165) to close your spouse out of the case before FL-170 can be submitted.²³
Default with agreement. Your spouse never filed a Response, but the two of you signed a written settlement. The court still treats it as a default. Your spouse’s signature on the agreement must be notarized.
Uncontested. Your spouse filed a Response and paid the filing fee, and you later agreed on every issue. If your spouse filed a Response but never formally appeared, you also need an Appearance, Stipulations, and Waivers (FL-130).

California Rules of Court, Rule 5.409, confirms that default and uncontested judgments can be submitted by declaration, and courts cannot require a hearing in every case.⁴ A judge may still call you in if something in the proposed custody or support orders raises a concern, but that is the exception.

What Has to Be in Place First

Submitting FL-170 before the groundwork is done guarantees the packet comes back. Three things need to be settled.

The Six-Month Waiting Period

No California dissolution becomes final until at least six months have passed from the date your spouse was served with the summons and petition, or the date your spouse first appeared, whichever came first.⁵ You can file the judgment packet earlier, and the judge can review and even sign it, but your marital status will not terminate until the six months run. Legal separations are not subject to this waiting period.

Financial Disclosures

Both parties owe each other a Preliminary Declaration of Disclosure (FL-140) along with an Income and Expense Declaration (FL-150) and either a Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160).⁶ You also file a Declaration Regarding Service of Declaration of Disclosure (FL-141) with the court to prove you served these. In a true default, you only need to prove you served your own preliminary disclosure. In an uncontested case, both parties must serve preliminary disclosures, and a Final Declaration of Disclosure is required unless both parties waive it in writing using the Stipulation and Waiver of Final Declaration of Disclosure (FL-144).⁷

Request to Enter Default

If your spouse never responded, file the Request to Enter Default (FL-165) before submitting the judgment packet.⁸ The clerk’s entry of default formally closes the window for your spouse to participate in the case.

Filling Out the Form

Download the current version from the California Judicial Council website or pick up a copy at your courthouse self-help center.⁹ The form runs four pages. Every answer is made under penalty of perjury, and signing it is your agreement that the case will be decided on this written declaration rather than live testimony.⁷

Caption and Case Type

Fill in the court name, your case number, and the names of both parties exactly as they appear on your original petition. Identify the case as true default, default with agreement, or uncontested, and check only one. Enter the date of marriage and date of separation. These dates control how long community property accumulated and can affect spousal support, and they must match what you stated in the petition (FL-100).

Declaration of Disclosure

Confirm under penalty of perjury that you completed the required financial disclosures. The checkboxes differ by case type. In a true default, you check that you served your preliminary disclosure and that you are waiving receipt of the respondent’s final disclosure. In a default with agreement or uncontested case, you check that both parties filed or are concurrently filing FL-141 and FL-150. If both sides are waiving the final disclosure, note whether the waiver is contained in FL-144, in the settlement agreement, or in a separate stipulation.⁷

Child Custody and Visitation

If you have minor children, confirm that the proposed custody and visitation arrangement in the judgment serves the children’s best interests. Indicate whether the information in your Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) has changed since it was last filed. If it has, attach an updated FL-105.

Child Support

Declare that the child support figures in your proposed judgment are correct based on your personal knowledge. Indicate whether you or the other parent is receiving or intends to apply for public assistance, because if either parent is on public assistance, support is typically directed through the local child support agency. If a settlement agreement handles child support, it must include specific Family Code language acknowledging that both parents know the guideline amount and are agreeing to a different amount for stated reasons.

Spousal Support

You have several options here. You can ask the court to order support as laid out in the proposed judgment, reserve the court’s ability to award support later, permanently give up your own right to receive support, or ask the court to terminate support for one or both parties forever.⁷ Permanently waiving spousal support is irreversible, so weigh that box carefully. If you are asking for support, attach the Spousal, Partner, or Family Support Order Attachment (FL-343) and the Spousal or Partner Support Declaration Attachment (FL-157).

Property Division

Declare that all community and separate property has been identified and divided according to the proposed judgment. In a true default, Family Code Section 2336 requires you to include either an estimate of the value of assets and debts you propose each party receive or a complete Property Declaration (FL-160).¹ If you left any property off your original petition or Property Declaration, amend that form before submitting the judgment packet.³

Residency and Grounds

On the final page, confirm that you or your spouse meets California’s residency requirements: six months in the state and three months in the county where you filed. State the grounds, which in nearly every case is irreconcilable differences. Check the box asking the court to grant the dissolution or legal separation and to make the orders set forth in the proposed Judgment (FL-180). Sign and date.

The Rest of the Judgment Packet

FL-170 does not travel alone. Every form in the packet has to be consistent with every other form, and anything referenced on the Judgment (FL-180) has to actually be attached. A typical default or uncontested packet includes:

FL-165, Request to Enter Default, in true default and default-with-agreement cases. Not needed if the respondent filed a Response.
FL-170, the sworn declaration you just completed.
FL-180, Judgment, which the judge signs to end the marriage or domestic partnership. It restates the orders for custody, support, and property.¹⁰
FL-190, Notice of Entry of Judgment, which records the entry date and warns that neither party may remarry until marital status is officially terminated.¹¹
FL-341, Child Custody and Visitation Order Attachment, if children are involved.
FL-345, Property Order Attachment to Judgment, unless a settlement agreement covers the division.
FL-343, Spousal or Family Support Order Attachment, if spousal support is being ordered.
FL-150, Income and Expense Declaration, if you are asking for spousal support or attorney fees. If one filed in the last 90 days still reflects your situation, you do not need a new one.
FL-182, Judgment Checklist, which helps you catch missing pieces before submission.
The signed settlement agreement, if you have one. In a default-with-agreement case, the respondent’s signature must be notarized.

Numbers and terms have to match across forms. A spousal support amount on FL-343 that differs from what FL-170 declares will get the whole packet returned.

Filing the Packet

Bring the originals and at least two copies of every document to the clerk’s office in the county where your case is filed. Include two large self-addressed stamped envelopes, one for you and one for your spouse, with enough postage for the full set of judgment forms. When the court approves the judgment, the clerk uses those envelopes to mail filed copies of the Judgment and Notice of Entry of Judgment to both parties.¹²

There is no additional filing fee for the judgment packet itself if you already paid the initial petition fee (roughly $435 to $450, depending on the county). If you cannot afford court fees, request a fee waiver on form FW-001.¹³ If your spouse is filing an Appearance, Stipulations, and Waivers (FL-130) as their first paper in the case, the court collects a filing fee from the respondent at that point.

After the clerk screens the packet for completeness, it goes to a judge or court commissioner for substantive review. Processing times vary widely by county. Some courts turn around uncontested packages in a few weeks; others take several months. When the judge signs the Judgment, the clerk enters it into the record and mails the stamped copies back to both parties. The date on the Notice of Entry of Judgment is the date your marital status terminates, assuming the six-month waiting period has already run.

Why Packets Get Returned

Courts send judgment packets back for correction more often than most people expect. The recurring issues:

You checked a box on FL-180 referencing an attachment, such as FL-192 for healthcare costs and child support or FL-341 for custody, but the attachment is not in the packet.
Children’s names and dates of birth are blank on FL-180, or support amounts are missing.
FL-141 was not filed, or the waiver of final disclosure was not included. In a true default, you still have to file FL-141 to prove you served your preliminary disclosure.
The respondent has not previously appeared in an uncontested case and no FL-130 (with the respondent’s filing fee) is included.
A settlement agreement involving minor children lacks the mandatory Family Code language about guideline child support.
The respondent’s signature on a settlement agreement in a default-with-agreement case was not notarized.
Dollar amounts, dates, or terms on FL-170 do not match what appears on FL-180 or its attachments.

Running through the Judgment Checklist (FL-182) before you submit catches most of these. Many courthouse self-help centers will also look over your packet informally before you file.

After the Judge Signs

When the signed Judgment and Notice of Entry of Judgment come back from the court, your marital status terminates on the entry date shown on FL-190, provided the six months have run. If the judgment restores a former name, you can use the signed FL-180 as proof of the legal change when updating your Social Security card, driver’s license, and other records.¹⁴ If the judgment divides an employer retirement plan such as a 401(k) or pension, the plan administrator will not release funds without a separate Qualified Domestic Relations Order, which is drafted and filed after the judgment is entered rather than as part of the FL-170 packet.¹⁵

1
California Legislative Information. California Code FAM 2336 – Proof Required in Default Cases
2
California Courts. How to Finish Your Divorce if Your Spouse Didn’t Respond
3
California Courts. How to Finish Your Divorce by Default
4
Judicial Branch of California. California Rules of Court 2026 – Rule 5.409
5
California Legislative Information. California Code FAM 2339 – Waiting Period for Dissolution
6
California Courts. Schedule of Assets and Debts FL-142
7
Judicial Council of California. FL-170 – Declaration for Default or Uncontested Dissolution or Legal Separation
8
California Courts. Request to Enter Default FL-165
9
California Courts. Declaration for Default or Uncontested Dissolution or Legal Separation FL-170
10
Judicial Council of California. Judgment (Family Law) FL-180
11
Judicial Council of California. Notice of Entry of Judgment
12
California Courts. Submit Your Judgment and Written Agreement to Finish Your Divorce – Section: Two Envelopes for Your Judgment Packet
13
California Courts. Request to Waive Court Fees FW-001
14
Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card?
15
U.S. Department of Labor. QDROs Chapter 1 – Qualified Domestic Relations Orders: An Overview