What Is Form FL-165? The Request to Enter Default Explained
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Disclaimer This article is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Court forms, filing requirements, and procedures are subject to change. Always verify current form versions at courts.ca.gov and consult a licensed California attorney for guidance specific to your situation. Reading this article does not create an attorney-client relationship with SuperDocs or any attorney. |
If you handle dissolution cases in California where the respondent has not filed a response, Form FL-165 — the Request to Enter Default — is the document that formally initiates the default process. Filing FL-165 asks the court clerk to enter a default against the respondent, which opens the path to obtaining a dissolution judgment without the respondent’s participation.
FL-165 is a straightforward form, but the requirements that must be satisfied before it can be filed are specific and must be met carefully. Filing FL-165 prematurely — before the response deadline has passed or before all prerequisites are in order — can result in rejection by the clerk and delay the case. For attorneys and paralegals, understanding exactly when and how to file FL-165 is essential to keeping a default dissolution on track.
Why FL-165 Matters
When a respondent is properly served with a dissolution petition but does not file a response within the applicable deadline, the petitioner is entitled to proceed by default. The default process allows the case to move toward judgment without the respondent’s active participation. FL-165 is the mechanism that formally triggers this process.
Without a filed FL-165, the court clerk cannot enter a default, and the case cannot proceed to a default judgment. Many default dissolutions stall not because of substantive issues but because FL-165 was never filed or was filed incorrectly. Ensuring FL-165 is filed promptly and properly after the response deadline passes keeps the case moving toward resolution.
When Can FL-165 Be Filed?
FL-165 may be filed only after specific prerequisites have been met. Filing too early will result in rejection. The requirements are:
• The respondent must have been properly served with the summons (FL-110), petition (FL-100), and any other required documents
• The applicable response deadline must have passed — 30 days from personal service for California residents, 60 days for service outside California, and 90 days for service outside the United States
• The respondent must not have filed a response (FL-120) or otherwise appeared in the case
• Proof of service (FL-115) must be on file with the court confirming that service was properly completed
If the respondent has filed any document with the court or has otherwise appeared in the case — even informally — a default may not be appropriate. Consult a licensed California family law attorney if there is any question about whether the respondent has appeared.
How to Complete FL-165: Section-by-Section Guide
1. Case Caption
Enter the full names of the petitioner and respondent and the case number exactly as they appear on FL-100 and FL-115. Consistency is essential — any discrepancy between FL-165 and previously filed documents can cause rejection at the clerk’s office.
2. Petitioner or Respondent Designation
Indicate whether the default is being requested against the respondent or, in cases where a cross-petition has been filed, against the petitioner. In most standard dissolution cases, the default is requested against the respondent.
3. Basis for Default
Confirm the factual basis for the default request:
• That the respondent was served with the summons and petition
• The date of service
• That the applicable response deadline has passed
• That the respondent has not filed a response or otherwise appeared
The date of service and the response deadline must be calculated accurately. Errors in these dates are one of the most common reasons FL-165 is rejected by the clerk. Verify the date on FL-115 and count the deadline carefully, excluding weekends and court holidays where applicable.
4. Proof of Service on File
Confirm that FL-115 (Proof of Service of Summons) has been filed with the court. The clerk will verify this before entering the default. If FL-115 has not been filed, file it before submitting FL-165. A default cannot be entered without proof of service on file.
5. Declaration Regarding Service of Declaration of Disclosure
In many default cases, the petitioner is still required to serve a Declaration of Disclosure on the respondent, even though the respondent is not participating in the case. Check local court rules for the specific disclosure requirements in default dissolution cases. FL-141 (Declaration Regarding Service of Declaration of Disclosure) may need to be on file before the default judgment can be entered, even if not required at the FL-165 stage.
6. Date and Signature
FL-165 is signed by the petitioner’s attorney, or by the petitioner if self-represented. Verify the signature is in place before filing. An unsigned FL-165 will be rejected by the clerk.
What Happens After FL-165 Is Filed
Once FL-165 is filed and accepted by the clerk, the clerk enters the default in the court’s records. This is an administrative step — it does not immediately result in a judgment. After the default is entered, the petitioner must still submit a judgment package to obtain a final dissolution judgment. The default judgment package typically includes:
• FL-170 — Declaration for Default or Uncontested Dissolution (the petitioner’s supporting declaration for the judgment)
• FL-180 — Judgment (the proposed judgment setting out all requested orders)
• FL-141 — Declaration Regarding Service of Declaration of Disclosure (if not already on file)
• FL-190 — Notice of Entry of Judgment (issued by the court after judgment is entered)
The six-month waiting period from the date of service of the summons must also have elapsed before marital status can be terminated in the judgment. The default may be entered before the six-month period expires, but the judgment terminating marital status cannot be entered until the waiting period has run.
Default vs. Uncontested Dissolution: Understanding the Difference
Default and uncontested dissolution are related but distinct procedural paths. Understanding the difference helps ensure the correct forms are used:
• Default dissolution — the respondent was served but did not file a response and has not appeared in the case. FL-165 is required to enter the default. The case proceeds without the respondent’s participation. The petitioner prepares the judgment package alone.
• Uncontested dissolution — both parties have reached a full agreement and the respondent has appeared, typically through FL-130 (Appearance, Stipulations, and Waivers). FL-165 is not used. The case proceeds by stipulation with both parties’ participation.
• Default by stipulation — in some cases, the respondent agrees to allow a default to be entered as a procedural matter, even though both parties have reached an agreement. This is less common and should be approached carefully — consult local court rules and a licensed attorney before proceeding this way.
Can a Default Be Set Aside?
A default is not necessarily permanent. A respondent who did not file a response in time may apply to the court to have the default set aside. The court has discretion to grant relief from a default under certain circumstances, including:
• Mistake, inadvertence, surprise, or excusable neglect on the part of the respondent
• The respondent was not properly served with the summons and petition
• Fraud, misrepresentation, or other misconduct by the petitioner
Applications to set aside a default are time-sensitive and subject to specific procedural requirements. If a respondent contacts you after a default has been entered against them, advise them to consult a licensed California family law attorney promptly to evaluate whether relief is available.
Mistakes and Best Practices
Because FL-165 initiates the default process, errors here can delay the case or require the process to start over. The most common problems to avoid:
• Filing FL-165 before the response deadline has passed — the clerk will reject it
• Filing FL-165 without FL-115 on file — proof of service must be filed first
• Incorrect calculation of the response deadline — verify the date of service on FL-115 and count carefully
• Filing FL-165 when the respondent has already appeared or filed any document with the court
• Forgetting to follow up with the default judgment package after FL-165 is accepted
And the workflow habits that prevent them:
• Calendar the response deadline immediately after FL-115 is filed — note the date FL-165 may first be filed
• Confirm FL-115 is on file before preparing FL-165
• Verify that no response or appearance has been filed by checking the court’s online case summary before submitting FL-165
• Prepare the default judgment package — FL-170 and FL-180 — at the same time as FL-165 so it is ready to submit promptly after the default is entered
• Check local court rules for any county-specific requirements for default filings
Companion Forms Filed with FL-165
FL-165 is always part of a larger default proceeding. Related forms include:
• FL-115 — Proof of Service of Summons (must be on file before FL-165 can be accepted)
• FL-141 — Declaration Regarding Service of Declaration of Disclosure (may be required before or alongside FL-165 depending on local rules)
• FL-170 — Declaration for Default or Uncontested Dissolution (filed as part of the default judgment package after FL-165 is accepted)
• FL-180 — Judgment (the proposed default judgment submitted after the default is entered)
• FL-190 — Notice of Entry of Judgment (issued by the court after the default judgment is entered)
How SuperDocs Can Help
SuperDocs is a California court form platform designed for attorneys and paralegals. No lengthy setup, no forms about forms — just open a CJC court form and start typing. Shared case details are available as you work, and information entered on one form can be reused across related forms in the same matter. Checkboxes, dates, assets, and other details are organized in a structured workflow to help reduce the risk of missing information.
For FL-165 filings, party names, case numbers, and service details entered once are available across FL-115, FL-170, FL-180, and related forms in the same case.
Spend less time on re-entry, more time on the case.
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