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How to finish your divorce by default (if served by publication or posting)

If the court allowed you to serve your spouse by publication or posting, and your spouse didn’t file a response, you can ask the court to finish your divorce or legal separation.

 

To do this, you must turn in a set of final forms. The judge reviews them and signs the final order (the judgment).

 

📌 In most cases, you won’t need to go to court.

 

Sometimes the judge may set a short hearing if they need more information. This is called a default hearing or prove-up hearing.

 

⚠️ When your spouse can’t be found, the court may not order them to do certain things, like pay support or transfer property. 

 

📌 Not sure this is the right process?

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Make sure you’re ready to ask for a default

Before you prepare your final forms, make sure enough time has passed.

📅 You must wait 59 days after service by publication or posting begins before asking the court to enter a default.

This happens in two stages:

  1. Publication or posting period
    Your papers must be published in a newspaper or posted by the court for 28 days.
  2. Response waiting period
    After the 28 days end, you must wait 30 more days for your spouse to file a response.

If they don’t respond, you can request a default on day 59.

Make sure you file a Proof of Service

You must show the court that service was completed.

If the judge ordered service by posting, you’ll need to file:

  • Proof of Service of Posting (form FL-985) together with

  • Proof of Service by Mail (form FL-335) showing your server also mailed the papers to your spouse’s last known address.

If the judge ordered service by publication, you’ll need to file:

  • A proof of service by publication or similar document from the newspaper that published your paperwork showing the dates the notice was published.

📌 If you haven’t filed your Proof of Service yet, you can file it when you turn in your final forms.

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

Fill out Request to Enter Default (form FL-165) ↗️

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

✅ In item 3, mark (a).

Fill out additional forms (if needed)

Fill out 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.

Fill out Property Declaration (form FL-160) ↗️ 

Use this form to tell the court about your or your spouse’s separate property and ask the judge to confirm (officially say) who it belongs to.

For example:  

  • If you have separate property and you’re worried your spouse may claim it, you can ask the judge to confirm it belongs to you alone.

  • If your spouse has separate debt, you can ask the judge to confirm that the debt belongs only to them, so you aren’t responsible for it later.

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.

Fill out Income and Expense Declaration (form FL-150) ↗️

This tells the court:

  • What you earned in the past year

  • What your spouse earns (you can estimate)

  • Your monthly expenses

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 the judgment forms

These forms ask the judge to finalize your divorce.

Fill out Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170) ↗️

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

✅ On item 5, check box c. When your spouse was served by publication or posting, you aren’t required to serve financial disclosures.

Depending on what you’re asking for, you may need to attach more forms. If you're asking for spousal support, you can use form FL-157 to give the court the information it needs. See the "Attach forms to your judgment forms (if needed)" section below.

Fill out 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 child custody, child support, spousal support or property, you must attach more forms. See the "Attach forms to your judgment forms (if needed)" section below.

Fill out Notice of Entry of Judgment (form FL-190) ↗️

This form:

  • Confirms your divorce or legal separation is final

  • Lists the date your marriage or domestic partnership officially ends

📌 You'll get forms FL-180 and FL-190 back in the mail. 

Attach forms to your judgment forms (if needed)

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

Fill out 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.

✅ Attach this to form FL-170.

Fill out 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.

Fill out Property Order Attachment to Judgment (form FL-345) ↗️

Use this to list the property orders you want the judge to make. Property includes any assets, debts, community property, or separate property you want the judge to divide.

⚠️ There are rules about dividing property in a default.

  • The court can only divide property you listed in

  • If you didn’t list something, you must amend the form you left it off of.

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

For child custody and visitation orders

If you already have a child custody and visitation order, attach it to your Judgment.

If you do not have an order, fill out and attach:

For child support orders

If you already have a child support order, attach it to your Judgment.

If you do not have an order, fill out and attach:

If you want support taken from a paycheck

If you want child support taken directly from the other parent’s paycheck, you can also turn in:

You must also attach:

This form explains:

  • How parents share healthcare costs for their child

  • How either parent can ask to change a child support order

Turn in this form with your other papers

Child Support Case Registry Form (form FL-191) ↗️

Use this form to give the state basic information about the child support order.

⚠️ Do not attach FL-191 to your Judgment.

Turn it in with your other forms if you haven't already filed one in this case.

Review the judgment checklist

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, check if your court requires additional forms or has any special rules.

You can:

Key takeaways

  • If your spouse was served by publication or posting and didn’t respond, you can finish your case by default.

  • You must wait 59 days after publication or posting begins before requesting a default.

  • The court may limit some orders if your spouse can’t be found.

  • Once the judge signs the judgment, the court mails a Notice of Entry of Judgment showing when your divorce is final.

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 take (or mail) them to the court. 

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