FL-170 – Declaration for Default of Uncontested

Jurisdiction: Country: United States | Province or State: California

The FL-170 – Declaration for Default of Uncontested is a family law court form used in California when a divorce, legal separation, or nullity case is moving forward without active participation from the other party. You use it to tell the court that the case is either proceeding by default or is truly uncontested.

This form becomes relevant after the initial petition has been filed and properly served. It is part of the final stage of the case, when you are asking the court to review your paperwork and enter a judgment.

If you are representing yourself, this document can feel technical. It asks you to confirm specific facts about your case, including service, agreements, and the status of financial disclosures.

Understanding what this form does helps you avoid delays. The court relies on the information in this declaration to decide whether it can enter a final judgment without a hearing.

This guide walks you through what the FL-170 – Declaration for Default of Uncontested is, when it is used, and how to complete it clearly and accurately.

What is FL-170 – Declaration for Default of Uncontested?

Clear definition

The FL-170 – Declaration for Default of Uncontested is a sworn statement filed in a California family law case. It is used when the respondent has not filed a response within the required time, or when both parties have reached a full written agreement and no issues remain disputed.

In simple terms, this form tells the court that your case is ready for judgment without a trial. You confirm key facts under penalty of perjury. The judge reviews this declaration along with your other final documents.

The form is typically submitted with a proposed judgment and related attachments. It is not the judgment itself. It supports your request for the court to enter the judgment.

Who typically uses this form?

The petitioner, meaning the person who started the case, most often completes this form. In a default situation, the respondent has not filed a response, so the petitioner moves the case forward alone.

In an uncontested case, either party may prepare the final paperwork, but the petitioner often handles the filing. Both parties may have signed a written agreement resolving property, support, and parenting issues.

Self-represented individuals frequently use this form. It is common in cases where both spouses agree on all terms or where one spouse does not participate after being served.

Attorneys also use this form when closing out uncontested family law matters. The structure is the same whether you have a lawyer or not.

Why might you need this form?

You may need this form because the other party did not respond within the legal deadline after being served. In that situation, you can request entry of default and then ask the court to enter judgment based on your petition and supporting documents.

You might also need it if you and the other party have reached a complete agreement. Even if a response was filed, if there are no disputed issues left, the case can proceed as uncontested.

The court requires confirmation that certain procedural steps were completed. For example, it wants to know that financial disclosure requirements were met or properly waived where allowed.

Without this declaration, the court may not have enough information to enter judgment. The case can remain pending until all required final documents are filed.

Typical real-life scenarios

• You filed for divorce and properly served your spouse. More than 30 days passed, and no response was filed. You requested entry of default. Now you are preparing the final paperwork and use this declaration to confirm that the case is ready for judgment.
• You and your spouse agreed on property division, debt allocation, and support. One of you filed a response, but there are no disagreements left. You attach your written agreement to the judgment and use this declaration to confirm the case is uncontested.
• You filed for legal separation. The other party did not participate after the service. You completed your financial disclosures and are asking the court to enter orders based on what you requested in your petition. This form explains that the matter is proceeding by default.
• You filed for nullity, and the other party agreed to all terms in writing. Instead of appearing in court, you submit a full set of signed documents, including this declaration, to request judgment without a hearing.
• In each of these examples, the form acts as a summary of the procedural history. It assures the judge that the legal steps required before judgment have been completed.

When would you use FL-170 – Declaration for Default of Uncontested?

You use this form near the end of your case. It is not part of the initial filing. It comes after service of the petition and, in many cases, after a request to enter default has been processed.

In a default case, you first ensure that the respondent was properly served. Then, after the response deadline passes, you request entry of default. Once the default is entered, you prepare your judgment package. The declaration is included in that package.

In an uncontested case where a response was filed, you use this form when all issues have been resolved. It confirms that there are no contested matters requiring a trial or hearing.

The form may be used in divorce, legal separation, and nullity cases. It applies to cases involving children and those without children, although additional documents may be required when minor children are involved.

If you are the petitioner and the case is ready for final orders without dispute, this form is commonly part of the final submission to the court.

Legal characteristics of FL-170 – Declaration for Default of Uncontested

This declaration is signed under penalty of perjury. That means you are legally affirming that the information is true and correct to the best of your knowledge. The court relies on these statements when deciding whether to enter judgment.

The form typically asks you to confirm that the respondent was properly served and that the time to respond has passed, or that the matter is fully uncontested. It may also require confirmation that the required financial disclosure documents were served.

For the court to accept the filing, it must be complete and consistent with the rest of your documents. Common problems include missing signatures, inconsistent dates, or requests in the proposed judgment that go beyond what was requested in the original petition.

Another issue arises when financial disclosures are not properly handled. In many family law cases, both parties must exchange financial information before a judgment can be entered. If the declaration does not clearly address this requirement, the court may reject the submission.

While this form is used in California family law cases, specific local procedures can vary by county. Some courts may have additional cover sheets or local requirements that must be submitted with your judgment package.

This declaration does not, by itself, end your marriage or create orders. It supports your request for a judgment. The legal effect comes from the signed judgment entered by the court, not from this declaration alone.

Is it legally binding?

The declaration is legally significant because it is made under penalty of perjury. Providing false information can have serious consequences. In that sense, the statements you make are binding representations to the court.

However, the FL-170 – Declaration for Default of Uncontested does not create binding orders on its own. The binding effect comes from the final judgment signed and entered by a judge.

Once the court enters judgment based on the information provided, the orders in that judgment are enforceable. The declaration supports the court’s decision to enter those orders.

If the declaration contains errors or omissions, the court may refuse to enter judgment. In some situations, a party may later ask the court to set aside a default judgment under limited circumstances, especially if procedural requirements were not properly met.

How to fill out FL-170 – Declaration for Default of Uncontested

Step 1 – Complete the caption

At the top of the form, fill in the court name and branch location. Enter the names of the petitioner and respondent exactly as they appear on your original petition. Include the case number assigned by the court. The caption must match all other documents in your case.

Step 2 – Identify the type of case

Indicate whether the case involves dissolution, legal separation, or nullity. Mark the appropriate option on the form. Make sure this matches what you requested in your initial petition and any amended filings.

Step 3 – Confirm default or uncontested status

State whether the case is proceeding by default or as an uncontested matter. If it is a default, confirm that the respondent was properly served and that the time to respond has expired. If it is uncontested, confirm that no issues remain in dispute.

Ensure that this selection aligns with the court record. If a response was filed, it is generally not a default, even if the parties later reached an agreement.

Step 4 – Address financial disclosure requirements

Provide the required information about financial disclosures. Indicate whether you served your preliminary declaration of disclosure and whether the other party did the same, if applicable. If disclosures were waived where allowed, reflect that accurately in your paperwork.

Your statements here must be consistent with any declarations of disclosure or waivers filed in the case. Inconsistencies can delay review.

Step 5 – Confirm agreements and attachments

If the case is uncontested and based on a written agreement, ensure that the agreement is properly attached to the proposed judgment. In the declaration, confirm that the agreement resolves all issues.

If the case is a default without a written agreement, confirm that the judgment requested does not exceed what was asked for in the petition. Courts generally do not grant relief beyond the original request in a default setting.

Step 6 – Review consistency with the proposed judgment

Carefully compare the information in this declaration with your proposed judgment and any attachments. Names, dates, property descriptions, and requested orders should align across all documents.

If your judgment includes orders about children, property, or support, make sure nothing contradicts what you state in the declaration about the status of the case.

Step 7 – Sign under penalty of perjury

Read the entire form before signing. When you sign, you are declaring that the information is true and correct. Enter the date and print your name clearly.

Your signature completes the declaration. Once signed, include it with your full judgment package for filing with the court.

Legal terms you might encounter in FL-170 – Declaration for Default of Uncontested

1. Default: A default occurs when the respondent was properly served but did not file a response within the required time. In this form, you confirm that the default has been entered. That means the court can proceed without the respondent’s participation. You are telling the judge that the case can move forward based on your filed documents.
2. Uncontested case: An uncontested case is one where both parties agree on all issues, or the respondent filed a response but does not dispute the requested orders. On this form, you indicate that there are no unresolved disputes. This signals to the court that a trial is not needed.
3. Petitioner: The petitioner is the person who started the case by filing the initial petition. If you filed first, you are the petitioner. Your name must match exactly as it appears in the original petition and all prior filings.
4. Respondent: The respondent is the other party in the case. This is the person who was served with the petition. In this document, you identify whether the respondent defaulted or participated but agreed to the terms.
5. Declaration: A declaration is a written statement made under penalty of perjury. When you sign this form, you are swearing that everything you wrote is true. The court relies on your declaration when deciding whether to approve your judgment.
6. Financial disclosures: These are required documents that show income, expenses, assets, and debts. The form asks you to confirm that both parties have completed and exchanged the required financial information. If disclosures were not properly handled, the court may reject your judgment.
7. Proposed judgment: This is the formal court order you want the judge to sign. The declaration supports your proposed judgment. The information in both documents must match exactly, including property division, support terms, and any name change.
8. Marital settlement agreement: This is a written agreement between you and the other party resolving all issues. If your case is uncontested by agreement, you may attach this document. The form confirms that the agreement is complete and covers all required issues.
9. Service of process: Service of process means the respondent was properly given legal notice of the case. Before a default can be entered, the service must be valid. The court reviews your file to confirm this step happened correctly.
10. Entry of default: This is a court action that formally records that the respondent did not respond in time. It usually requires a separate request. On this form, you confirm that the default has already been entered before asking for judgment.

FAQs

What is the difference between a default case and an uncontested case on this form?

A default case means the respondent did not file a response after being served, and the court entered default. An uncontested case usually means the respondent filed a response, but you both agree on all terms. In this document, you must check the correct box to show which situation applies, because the court reviews your file differently depending on that status.

Do I need to attach my marital settlement agreement to FL-170 – Declaration for Default of Uncontested?

If you resolved all issues in a written agreement, you typically attach it to your proposed judgment. This document confirms that the agreement exists and covers property, support, and any other required matters. Make sure the terms in your agreement match exactly what appears in your judgment paperwork.

What happens if my financial disclosures were not completed correctly?

The court may refuse to enter judgment. This form asks you to confirm that the required financial information was exchanged. If disclosures were incomplete or never served, you may need to correct that before the judge will sign your proposed judgment.

Does this form change my marital status by itself?

No. This document is part of the process that leads to a final judgment. Your marital or partnership status changes only when the court signs and enters the judgment, and the effective date passes. You must check the judgment for the exact status termination date.

What if the respondent changed their mind after the default was entered?

If a default has already been entered, the respondent may need to file a formal request to set it aside. Until that happens, the court can proceed based on your filings. This form tells the judge that, as of now, default remains in place and you are requesting judgment.

Do I need to appear in court after filing FL-170 – Declaration for Default of Uncontested?

Sometimes the court processes uncontested or default judgments without a hearing. Other times, you may receive a notice to appear or to provide additional documents. After filing this form, watch for any court notice and respond promptly if more information is requested.

What information must match between this document and my proposed judgment?

Names of the parties, the case number, dates of marriage or separation, property division terms, support amounts, and any request for a name change must be consistent. If there are differences, the court may reject your paperwork. Review both documents line by line before submitting them.

How will I know if the court accepted my paperwork?

After review, the court will either enter the judgment or notify you of deficiencies. You may receive a filed-endorsed copy or a notice by mail. Check that the judgment is signed and stamped, and confirm the date of entry for your records.

Checklist: Before, During, and After FL-170 – Declaration for Default of Uncontested

Before

• Confirm that the respondent was properly served with the petition.
• Make sure the default has been officially entered, if applicable.
• Complete and exchange all required financial disclosures.
• Prepare your proposed judgment with all attachments.
• Review your marital settlement agreement, if any, for completeness.
• Verify that names and case numbers match all prior filings.
• Check that all deadlines for response have passed.
• Gather copies of all previously filed documents for reference.

During

• Fill in the caption exactly as it appears on earlier court papers.
• Check the correct box for default or uncontested status.
• Confirm the date default was entered, if relevant.
• Indicate that financial disclosures were completed.
• Ensure all requested orders are included in the proposed judgment.
• Attach required documents, including agreements or additional forms.
• Review every page for consistency and completeness.
• Sign and date the declaration under penalty of perjury.

After

• Make at least two copies of everything before filing.
• Submit the form with your proposed judgment to the court clerk.
• Pay any required filing or processing fees, if applicable.
• Wait for confirmation or a filed-endorsed copy.
• Calendar any follow-up hearing date if one is scheduled.
• Review the signed judgment carefully once received.
• Store stamped copies in a safe and organized file.
• Update personal records to reflect the court’s final orders.

Common mistakes to avoid with FL-170 – Declaration for Default of Uncontested

• Mistake: Checking the wrong box for default or uncontested status because the terms sound similar, which confuses the court’s review process and can delay judgment; do not forget to confirm whether default was officially entered before selecting that option.
• Mistake: Submitting the declaration before default has actually been entered, often due to a misunderstanding of the sequence of filings, which leads to rejection; do not forget to verify that the clerk processed and recorded the entry of default first.
• Mistake: Failing to complete or properly exchange financial disclosures, usually because parties believe agreement makes them unnecessary, which can prevent approval of the judgment; do not forget that disclosure requirements apply even in agreed cases.
• Mistake: Including terms in the proposed judgment that were not requested in the original petition, often by copying language from another case, which can result in denial; do not forget that default judgments cannot grant relief beyond what was originally requested.
• Mistake: Inconsistent dates of separation or marriage across documents, typically caused by editing different drafts at different times, which raises red flags during review; do not forget to cross-check all dates before filing.
• Mistake: Forgetting to sign under penalty of perjury, which happens when assembling multiple forms at once and rushing to file, causing immediate rejection; do not forget that an unsigned declaration is invalid.
• Mistake: Leaving out required attachments such as a settlement agreement or additional child-related forms, often due to assuming they are already on file, which delays processing; do not forget to attach every document referenced in the judgment packet.
• Mistake: Using nicknames or inconsistent name formats, which happens when parties informally refer to each other, creating clerical issues in the official record; do not forget to use full legal names exactly as previously filed.

What to do after filling out FL-170 – Declaration for Default of Uncontested

Once you complete the form, pause before filing. Review your entire judgment packet from start to finish. Look at it as if you were the judge seeing the case for the first time. Your goal is clarity and consistency.

Make sure the declaration, proposed judgment, and any attachments all say the same thing. Even small differences can cause delays. Confirm spelling of names, dates, and amounts.

Now move step by step.

• Step 1: Make at least two complete copies of the signed declaration and all attachments.
• Step 2: Assemble your filing packet in the correct order, placing the declaration with the proposed judgment and any required supporting forms.
• Step 3: Submit the packet to the court clerk using the accepted filing method, whether in person, by mail, or through an electronic system if available.
• Step 4: Pay any required processing fee or confirm that your fee waiver covers this filing.
• Step 5: Obtain confirmation that your documents were received, such as a receipt, conformed copy, or electronic notice.
• Step 6: Monitor your mail and court account for updates, deficiency notices, or a signed judgment.
• Step 7: If the court requests corrections, address them promptly and resubmit the revised documents.
• Step 8: Once you receive the signed and entered judgment, verify the date of entry and the effective date of any status change.
• Step 9: Keep certified or file-stamped copies in a secure place for future use, such as updating financial accounts or personal records.
• Step 10: Follow through on all ordered terms, including property transfers, support payments, or name change updates.

After judgment is entered, your focus shifts from filing to implementation. If property must be transferred, complete those steps promptly. If support is ordered, set up a reliable payment method. If a name change was granted, use the signed judgment to update identification and records.

Stay organized. Keep a physical and digital copy of everything you filed and everything the court returned to you. Good recordkeeping protects you if questions arise later.