Links to additional instructions are coming soon!
Before following these instructions you must already have reviewed and completed Steps 1 - 5 of the general overview.
The following information correspond to Steps 6 - 7 of the general overview.
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 a minimum of 30 days have passed from the day the other party was served with your Petition FL-100 and Summons FL-110.
Request to Enter Default FL-165 must be completed and filed with the Court to enter default and prevent the other party from filing a Response. 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.
Property Declarations (Separate and Community) FL-160 must be completed and filed 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. All the community property assets and debts should appear on one Property Declaration FL-160 and all the separate property assets and debts should appear on another Property Declaration FL-160. 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).
Although, in certain cases you may obtain a default judgment by mail without appearing in front of a judicial officer, in most cases it will be easier for the Self-Help Center / Family Law Facilitator to help you finalize your case if you request a Default Hearing. The other party will not get notice of the default hearing, so only you will be present at the hearing. At the default hearing the judge will make orders regarding all the issues in your case including the status of your marriage, custody and visitation of your children, child support, spousal support and division of assets and debts. If you have questions about any of these issues you should contact an attorney or the Self-Help Center / Family Law Facilitator for further assistance.
Request for Default Setting - CVDF010 must be completed and filed with the Court to obtain a default hearing date and time.
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