You can usually finish your divorce without seeing a judge
But, if you're asking for spousal support or something complicated, the judge may set a court date. This is called a default hearing. The judge can make an order about spousal support at the hearing. Once you have an order, you can complete your divorce.
Check you’re ready to submit the default judgment papers
- It’s been more than 30 days since you served your spouse
Your spouse never filed a response
You filed a:
Proof of Service of Summons (form FL-115)
Declaration Regarding Service of Declaration of Disclosure (form FL-141)
The court can’t process your final judgment forms if these aren’t filed. If you haven’t filed them yet, you can file them when you turn in the final forms
Fill out form to ask for a default
You must fill out
Request to Enter Default (form FL-165)
This asks the court to enter a default because your spouse didn’t respond. Once filed, the clerk mails it to your spouse.
You may need to fill out
If you need the court to divide community property
Property Declaration (form FL-160)
This tells the court about your community property and how you want it divided. If you filed a Property Declaration with your Petition and don’t have any changes, you don’t have to file it again. Check the box on the FL-165 that says there aren’t any changes.
If you need the court to make orders about spousal support or attorney's fees
Income and Expense Declaration (form FL-150)
This tells the court about what you’ve earned over the past year and about your monthly expenses.
If you haven’t filed one yet, fill it out and attach it to the Fl-165. If you filed one of these in the last 90-days and you don’t have any updates, you don’t have to file it again. Check the box on the FL-165 that says there aren’t any changes.
Fill out judgment forms
Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170)
This form tells the court that you meet the requirements for a default judgment.
Judgment (form FL-180)
This is the final court order to get a divorce. If you’re asking the court to make any orders about support or property, you will need to attach more forms to this.
Notice of Entry of Judgment (form FL-190)
The court will mail this form back to you after the judge has signed the judgment. It’s the official notice from the court that your divorce or legal separation is final. If you asked for a divorce, it will state the day your marriage or domestic partnership officially ends.
Fill out and attach forms if you need orders
Go over Judgment Checklist
- Judgment Checklist - Dissolution/Legal Separation (form FL-182)
The checklist has all the forms a court may require for you to complete your divorce. Some of these are listed as optional forms.
Contact your court clerk’s office, check your court’s website, or talk to your Family Law Facilitator or Self-Help Center to find out if they require any optional forms and check how many envelopes you need to provide when you turn in your forms.
Once you're done filling out the judgment forms, you need to prepare envelopes to submit with your forms and bring (or mail) them to the court.