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Finish your divorce or legal separation

If you served your spouse or domestic partner by publication or posting, and they never responded to the case, you can turn in a final set of forms to finish your divorce or legal separation.

Before you start

You can usually finish your divorce without seeing a judge

Sometimes the judge may set a court date if they need more information to make a decision about parts of your divorce. This is called a default hearing or a prove up hearing. Once the judge makes the decision, you can usually complete your divorce that same day.

It may be hard to get court orders making your spouse do something, 

like pay child or spousal support, or give you property or pay debts. If your spouse can’t be found, they likely don't know about what you asked the judge to order. 
 

How to prepare forms to finish your case

  • Check if you’re ready to submit the default judgment papers

    You must wait 59 days from the day the newspaper published the papers or someone posted the pepers in the court before you can move ahead with your case.

    • First, you wait 28 days while you have the court papers published in a newspaper or posted in a courthouse
    • Then, once 28 days are over, you have to wait another 30 days 

    If the other person doesn't file a response in that time, the next day (the 59th day) you can file a request for a default.

    There’s a Proof of Service filed: 

    • Proof of Service of Posting (form FL-985) if the judge ordered service by posting with a Proof of Service by  Mail (form FL-335) showing your server also mailed the papers to your spouse’s last known address
    • Proof of service by publication if the judge ordered service by publication

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

  • Fill out form to ask for a default

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

    This asks the court to enter a default because your spouse didn’t respond. In #3, mark (a).

    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 Form FL-165 that says there aren’t any changes.

    If you need the court to make orders about child support, 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 Form 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 Form FL-165 that says there aren’t any changes.

    You can turn in the Request to Enter Default now

     or turn it in with the rest of your forms later. This form makes it so that your spouse can’t file a Response without the court’s permission.
     

  • 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. On item 5, check box c. You are not required to serve financial disclosures when your spouse is served by publication or posting. Depending on what you're asking the court to order, you may need to attach more forms to this. 

    • 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 child custody, 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 or attach child custody and child support forms

    For child custody and visitation

    • Child Custody and Visitation Order Attachment (form FL-341)

      This tells the court how you want custody and visitation handled.

    For child support

    • Child Support Information and Order Attachment (form FL-342)

      This tells the court how you want child support handled.

    • Notice of Rights and Responsibilities (form FL-192)

      This lets you and the other parent know about how to ask the other parent to help pay for any of your child's healthcare costs not covered by insurance and how to ask to change a child support order. You must attach it to the judgment.

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

      Do not attach the Child Support Case Registry Form to your judgment. Submit it along with everything, if you haven't turned one in before.

  • Fill out forms if you need spousal support or property orders

    • If you asked for spousal support
      • Spousal, Partner, or Family Support Order Attachment (form FL-343) 

      This tells the court what spousal support orders you want.

      • Spousal or Partner Support Declaration Attachment (form FL-157) 

      This is optional, but the information in it is what the court needs to decide about long-term support. Without it, the court may not have enough information to make a decision. 

    • If you asked for a property order

      Property Order Attachment to Judgment (form FL-345) 

      This tells the court how you want the property divided. 

    There are rules about how you divide property and debts in a default.

     

    The court can only divide the property and debts that you listed in your Petition. If you didn’t list it, you’ll need to change (amend) your Petition.

    In general, the court will only agree to split property and debts relatively evenly.

     

     

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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