Additional Forms needed for a true default judgment:
We are now assuming you have filed with the court your Summons (FL-110) and your Petition for Dissolution (FL-100), including your UCCJEA Declaration (FL-105) if you have minor children. We are further assuming you have served your spouse with said papers, including a blank Response (FL-120). We are also assuming at least 30 days has passed since your spouse was served and your spouse has failed to file a Response (FL-120) with the court. It is now time to take your spouse’s default.
You will need to file your “Proof of Service of Summons” (FL-115) before you can take your spouse’s default.
After you have filed your Proof of Service of Summons (FL-115), you will then need to file a “Request to Enter Default” (FL-165), with a stamped envelope addressed to your spouse and the court clerk’s address listed as the return address. You will need to attach to the FL-165 a copy of your Income & Expense Declaration (FL-150). All of these forms can be found in our Court Forms Database and all of these forms have been discussed in other sections of our website. The FL-115 is discussed in the “Initial Filings” section, sub-topic “Service of Process”. The FL-165 form is discussed in the “Judgment” section of the website, sub-topic “Assembling Judgment” and the FL-150 is discussed in the “Declaration of Disclosure” section of the website.
You will also need to also attach to your FL-165 a form entitled, “Property Declaration” (FL-160). Click the “Court Forms” button on the homepage to go to our Court Forms Database where you will find both an example of a completed FL-160 and a blank FL- 160 form that you can fill out and print. The FL-160 is very similar to the Schedule of Assets And Debts (FL-142), but the form also includes your proposal for the division of assets. If you or your spouse have separate property or separate debts, you will need to prepare two FL-160 forms, one listing the community property and community debts and then a second FL-160 listing the separate property and separate debts.
When you file your FL-165 with the court clerk, the clerk will enter your spouse’s default. The court clerk will make a note in the court’s file that your spouse’s default has been entered. This does not mean you have your divorce judgment. It merely means you can now process a proposed divorce judgment as a default judgment.
You now have to prepare and serve your spouse with your Preliminary Declaration of Disclosure forms consisting of the Declaration of Disclosure (FL-140), Property Declaration(s) (FL-160), Income & Expense Declaration (FL-150), and Declaration Regarding Service of Declaration of Disclosure And Income And Expense Declaration (FL-141). In the “Declaration of Disclosure” section of this website, we go over these Declaration of Disclosure forms. In regards to your Preliminary Declaration of Disclosure, usually, it includes a Schedule of Assets and Debts (FL-142), but in true default cases, you can use your completed FL-160 form(s) as a substitute for the Schedule of Assets & Debts.
After you have completed your Preliminary Declaration of Disclosure documents, serve copies on your spouse.
You then need to draft a proposed Judgment of Dissolution (FL-180). See the “Judgment” section of this website for information on how to draft a Judgment of Dissolution. Before you attempt to draft your Judgment, read the “Getting Educated” sections of this website. When you draft your Judgment (FL-180) you will not be using the Marital Settlement Agreement approach because your spouse is not cooperating and he or she is not going to be signing any settlement agreement. You will instead use the court forms approach for drafting your Judgment. You will need to attach to your FL-180 the following: Property Order Attachment To Judgment (FL-345); and Spousal, Partner, or Family Support Order Attachment (FL-343). If you have minor children, then you will also need to attach the following forms: Child Custody And Visitation (Parenting Time) Order Attachment (FL-341), and any of the additional child custody related forms you may have elected to include such as FL- 341(A), FL-341(B), FL-341(C), 341(D) and/or FL-341(E); Child Support Information Order Attachment (FL-342), together with your guideline child support calculation printout, and if you go with a non-guideline child support amount, then attach FL-342(A); and finally the Notice of Rights And Responsibilities and Information Sheet On Changing A Child Support Order (FL-192). You will not need the “Stipulation For Entry of Judgment” form because your spouse is not stipulating to a judgment. Again, in the “Judgment” section of this website, we went over all of these court forms and you can find all of the forms in our Court Forms Database. In the “Getting Educated” section of the website, we provide a detailed discussion regarding guideline child support, spousal support, and support calculation printouts.
After you have drafted your proposed Judgment (FL-180), you will need to fill out the Declaration For Default Or Uncontested Dissolution (FL-170). Click the “Court Forms” button on the homepage to go to our Court Forms Database where you will find both a completed FL-170 and a blank FL-170 form that you can fill out and print. There are three completed versions of the FL-170 in our database. When you find the completed versions of the FL-170 in the database, look at the completed version for “true default cases”.
If your proposed judgment of dissolution awards you spousal support, or if it terminates your spouse’s rights to receive spousal support, or if you were married for ten years or longer, then you will also be required to attach to your FL-170 a form called, “Spousal Or Partner Support Declaration Attachment” (FL-157). Click the “Court Forms” button on the homepage to go to our Court Forms Database where you will find both a completed FL-157 and a blank FL-157 form that you can fill out and print.