Index: All Pages

How to finish your divorce by default (no minor children)

If your spouse didn’t file a Response and you don’t have minor children together, you can ask the court to finish your divorce or legal separation by default.

 

To do this, you must file your final forms. These forms tell the court:

  • You met the required steps

  • Your spouse didn’t respond

  • What orders you want (like property division or spousal support)

Most people can finish a default divorce without going to court.

 

⚠️ If you’re asking for spousal support or something complicated, the judge may set a hearing (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.

 

⚠️ If your spouse is on active duty in the military, talk to a lawyer or your court’s self-help center. Different rules apply.

 

Jump to section

Make sure you’re ready

Before you turn in your final papers, make sure:

📌 If you haven’t filed forms FL-115 or FL-141 yet, you can file them when you turn in your final forms.

The court can’t process your judgment without these forms.

File the Request to Enter Default (form FL-165)

🟥 Required form: Request to Enter Default (form FL-165) ↗️

This asks the court to enter a default because your spouse didn’t respond.

After you file it, the clerk mails a copy to your spouse.

You can:

  • File form FL-165 now

  • Or file it with your other final forms

Once default is entered, your spouse can’t file a Response unless the court gives permission.

Attach forms to FL-165 (if needed)

🟧 Required if this applies: Property Declaration (form FL-160) ↗️

Use this form to tell the court about your community property and explain how you want it divided.

If you already filed form FL-160 with your Petition and nothing has changed, you don’t need to file it again. Check the box on form FL-165 that says there are no changes.

🟧 Required if this applies: Income and Expense Declaration (form FL-150) ↗️

This tells the court:

  • What you earned in the past year

  • Your monthly expenses

If you haven’t filed form FL-150 yet, attach it to form FL-165.

If you filed form FL-150 within the last 90 days and nothing has changed, you don’t need to file it again. Check the box on form FL-165 that says there are no changes.

Fill out your judgment forms

These forms ask the judge to finalize your divorce.

🟥 Required form: Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170) ↗️

This tells the court you meet the requirements for a default judgment.

Depending on what you’re asking for, you may need to attach more forms.

🟥 Required form: Judgment (form FL-180) ↗️

This is the final court order that ends your marriage or domestic partnership.

⚠️ If you’re asking the court to make orders about spousal support or property, you must attach more forms. See the "Attach forms to your judgment (if needed)" section below.

🟥 Required form: Notice of Entry of Judgment (form FL-190) ↗️

After the judge signs form FL-180, the court mails form FL-190 back to you.

This form:

  • Confirms your divorce or legal separation is final

  • Lists the date your marriage or domestic partnership officially ends (if you asked for a divorce)

Attach forms to your judgment (if needed)

🟧 Required if this applies: Spousal, Partner, or Family Support Order Attachment (form FL-343) ↗️
Use this to tell the court what spousal support orders you want.

🟦 Optional form: Spousal or Partner Support Declaration Attachment (form FL-157) ↗️

This gives the court more details about long-term support 

Without it, the court may not have enough information to make a decision.

🟦 Optional form: Earnings Assignment Order for Spousal or Partner Support (form FL-435) ↗️

Use this if you want your spouse’s employer to send support directly to you from their paycheck.

🟧 Required if this applies: Property Order Attachment to Judgment (form FL-345) ↗️

Use this to explain how you want property divided.

⚠️ There are rules about dividing property in a default.

  • The court can only divide property you listed in your Petition.

  • If you didn’t list something, you must amend your Petition first.

  • In most cases, the court expects property to be divided fairly and close to equally.

Review the judgment checklist

📘 Informational form:  Judgment Checklist - Dissolution/Legal Separation (form FL-182) ↗️

This checklist shows all forms the court may require to finish your divorce. Some forms on the checklist are optional.

Before you turn in your forms:

Ask:

  • Whether your court requires additional local forms

  • How many envelopes you must provide

Key takeaways

  • You can finish your divorce by default if your spouse didn’t respond.

  • You must wait at least 30 days after service before filing for default.

  • You must file form FL-165 and your judgment forms to finalize your case.

Finish your divorce

What's next?

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. 

success alert banner:

Have a question about Divorce?

Look for a "Chat Now" button in the right bottom corner of your screen. If you don’t see it, disable any pop-up/ad blockers on your browser.