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Judgment by Default or Uncontested Hearing

Dissolution or Legal Separation

A dissolution or legal separation may proceed by way of default or stipulation. The judgment of dissolution or legal separation is obtained by testimony at a default prove-up or uncontested hearing or by stipulation and/or affidavit pursuant to Family Code section 2336.

To obtain entry of default for a judgment of dissolution or legal separation, the Petitioner must complete and file a proof of service of preliminary declaration of disclosure (Declaration Regarding Service of Declaration of Disclosure, Form FL –141) and a Request to Enter Default (Form FL-165) with a stamped envelope bearing sufficient postage addressed to the defaulting party with the address of the Court clerk as the return address. After default is entered, the Petitioner may apply to the Court for the relief sought in the Petition by filing an original and two copies of a judgment packet. A judgment packet must contain the following documents: Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170), Judgment (Family Law) (Form FL-180) on pink paper with or without a written agreement signed by both parties and Notice of Entry of Judgment (Form FL-190) with envelopes with the Court’s address as the return address and stamped and addressed to each party. If a default judgment is submitted without a written agreement signed by both parties, the Court will set a default hearing and notify Petitioner of the day and time.

If a default judgment is submitted with a written settlement agreement signed by both parties, the judgment packet must also include a Declaration regarding Service of Final Declaration of Disclosure (Form FL-141) from each party unless waived consistent with state law (see Family Code 2105) or included in the original proof of service. If parties did not exchange final Declaration of Disclosure, a Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144) or a separate stipulation signed by each party must be included. A waiver included in a marital settlement agreement or stipulated judgment is not sufficient. Respondent’s signature on the written settlement agreement or stipulated judgment must be notarized.

If the proposed default judgment is not a stipulated judgment and includes division of property, a fully completed current property declaration (Property Declaration, Form FL-160) including values must be filed. The Court cannot divide any assets or debts that are not listed on the petition or property declaration(s) filed with the Court and served on Respondent.

If the proposed default judgment is not a stipulated judgment and includes provisions for child support, spousal support or a waiver thereof or attorney’s fees or costs, the moving party must also file a current Income and Expense Declaration (Form FL-150) on green paper. Neither child nor spousal support will be granted unless the moving party sets forth an estimate of the other party’s income in the Income and Expense Declaration. IF the moving party does not know the other party’s present income, this requirement may be met by evidence of the other party’s ability to earn, work history or other relevant facts.