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Finish your divorce in a default

To finish your divorce or legal separation, you must turn in a set of final forms to the court.  

These forms let the court know you met the required steps to get a default and you want your divorce or legal separation finalized

They also say what child custody and support orders you want the judge to make. And, how you want to divide your property if you have any. 

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.

If your spouse is active duty military, 

talk to a lawyer or ask for help at the court's Self-Help Center. There are different rules you need to follow.
 

How to prepare forms to finish divorce in a default

  • 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 and Income and Expense Declaration (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:  

    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

    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

    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. 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

    If you have a child custody and visitation order, attach that to the Judgment.

    If you don't have an order, fill out and attach:

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

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

    For child support

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

    If you don't have a child support order, fill out and attach:

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

    This tells the court how you want child support handled.

    If you want child support to be paid directly from the other parent's paycheck, also submit:

    You must attach:

    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.

    Also, submit:

    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. 

      • Earnings Assignment Order for Spousal or Partner Support (form FL-435)

      This is optional. Submit this form if you want your spouse’s employer to send the support to you directly from your spouse’s pay. 

    • 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 in a default.

     

    The court can only divide the property 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 relatively evenly.

     

     

  • 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.

    Find a self help center

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. 

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