Default

Before following these instructions you must already have reviewed and completed Stage 1.  All the forms may be found on the Judicial Council’s website at www.courtinfo.ca.gov/forms/. You may use blue or black ink to complete these forms.

The following information corresponds to Steps 3-6 of the general overview.

Request to Enter Default:  FL-165

Generally, if your spouse did not file a Response, then you may enter a default against him/her to request a default judgment that includes all the orders you requested in your Petition.

Remember, you cannot Request to Enter Default unless 30 days have passed from the day the other party was served with your Petition FL-100 and Summons FL-110.  In addition, you cannot Request to Enter Default if your spouse if an active member of the military.

To enter default you must complete and file a Request to Enter Default FL-165.  Remember, you can only file this form if no Response FL- 120 was filed by the other party. The original and one copy of the Request to Enter Default FL-165 must be given to the clerk along with a stamped envelope addressed to the other party.  The completed original Proof of Service of Summons FL-115 must also be filed with the Court.

Complete Property Declarations:  FL-160

Property Declarations (Separate and Community) FL-160
Complete and file with the Court, if you listed assets or debts on your Petition FL-100. This will be your proposal of how community property items should be divided equally and how separate property should be assigned.  Someone other than you must mail to the other party a copy of your Property Declaration(s).  You must file a completed Proof of Service by Mail FL-335 to show that the other party was properly served with a copy of your Property Declaration(s).

Obtain Default Judgment - With Hearing or No Hearing

Next, you need to decide whether to proceed with or without a court hearing to obtain a Default Judgment.

You may obtain a default judgment by mail without appearing in front of a judicial officer, unless you are seeking an annulment or you have a marriage of 10 years or more and are seeking to terminate jurisdiction over the issue of spousal support. There may be other reasons you should consider requesting a hearing, for example if you are requesting spousal support or you have a complex division of assets and debts.

• No Hearing - Instructions and Forms:  Click here for instructions and a list of forms you must complete to receive your default judgment by mail.

OR

• Default Hearing - Instructions and Forms:  Click here for instructions and a list of forms you must complete to request a default hearing and prepare your judgment after your hearing.