What Is Form FL-170? The Declaration for Default or Uncontested Dissolution 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, Form FL-170 — the Declaration for Default or Uncontested Dissolution or Legal Separation — is the petitioner’s supporting declaration that accompanies the final judgment package. It is the document through which the petitioner confirms the factual and procedural basis for entry of judgment, verifies that the required waiting period has been met, and certifies that all necessary disclosures have been completed.
FL-170 is often overlooked in the rush to prepare the judgment itself, but it is a required component of the judgment package in both default and uncontested dissolution cases. A missing or incomplete FL-170 will typically result in the judgment package being returned by the court without entry. For attorneys and paralegals, preparing FL-170 carefully and in alignment with the rest of the judgment package is an essential step in closing a dissolution case efficiently.
Why FL-170 Matters
FL-170 serves as the petitioner’s sworn declaration to the court that the case is ready for judgment. It confirms that the six-month waiting period has been satisfied, that service was properly completed, that financial disclosures were exchanged, and that the proposed judgment addresses all issues raised in the petition. Without this declaration, the court lacks the petitioner’s certification that the procedural prerequisites for judgment have been met.
In a default case, FL-170 is particularly important because it is often the only document before the court that establishes the factual basis for the relief requested. In an uncontested case, it supplements FL-130 and confirms that the case is in order for judgment by submission.
When Is FL-170 Required?
FL-170 is required in all default and uncontested dissolution and legal separation cases submitted for judgment without a court hearing. Specifically:
• Default dissolution — where the respondent was served but did not file a response and has not appeared in the case
• Uncontested dissolution — where the parties have reached a full agreement and the respondent has signed FL-130 to appear and waive a hearing
• Legal separation proceedings proceeding by default or agreement
FL-170 is not used in contested cases that proceed to trial, or in cases where a judgment is entered following a court hearing at which both parties appear. In those situations, the court’s judgment is based on the hearing record rather than a supporting declaration.
Default vs. Uncontested: How FL-170 Differs
FL-170 is used in two distinct procedural contexts, and the way it is completed differs between them:
Default Cases
In a default case, the respondent was served with the summons and petition but did not file a response within the required deadline. The petitioner proceeds without the respondent’s participation. In this context, FL-170 serves as the petitioner’s declaration supporting all of the relief requested in the petition — because there is no respondent participating to agree or object, the court relies on FL-170 to confirm the basis for each order. The petitioner must address all issues raised in the petition, including property division, support, custody, and any other relief requested.
Uncontested Cases
In an uncontested case, both parties have reached a full agreement and the respondent has appeared through FL-130. FL-170 in this context is more limited — it confirms the procedural prerequisites for judgment and certifies that the parties’ agreement addresses all issues. The detailed terms of the agreement are set out in FL-180 and any attached settlement agreement, rather than in FL-170 itself.
How to Complete FL-170: 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 all other filed documents. Consistency across all forms in the judgment package is essential. Any discrepancy can cause the package to be returned by the court.
2. Proceeding Type
Check the appropriate box to identify the type of proceeding: dissolution of marriage, dissolution of domestic partnership, or legal separation. This must match the type checked on FL-100 and FL-180.
3. Basis for Judgment
Check the appropriate box to indicate whether the judgment is being sought by default or by stipulation (uncontested). If by default, confirm that the respondent was served, that the response deadline has passed, and that a request to enter default has been filed. If by stipulation, confirm that the respondent has filed FL-130 and agreed to proceed without a hearing.
4. Residency
Confirm that the residency requirements have been met — that one of the parties has been a resident of California for at least six months and a resident of the filing county for at least three months immediately before the date the petition was filed. This is a jurisdictional requirement and must be confirmed before judgment can be entered.
5. Statistical Facts
Confirm the date and place of marriage or domestic partnership registration, and the date of separation. These facts must be consistent with what was stated in FL-100. If any of these facts have changed or been clarified since the petition was filed, the discrepancy should be addressed before submitting the judgment package.
6. Minor Children
Confirm whether there are minor children of the relationship. If there are, confirm that FL-105 (UCCJEA Declaration) was filed and that the proposed judgment addresses custody, visitation, and child support. If there are no minor children, confirm that as well. The court will not enter a judgment that leaves custody or support issues unresolved in a case involving minor children.
7. Property Declaration
Confirm the status of property issues — whether there is community property to be divided, separate property to be confirmed, or no property issues. If property is being divided, confirm that the proposed judgment addresses all community property and debts. If the parties have a written settlement agreement covering property, confirm that it is attached to and incorporated into FL-180.
8. Support
Confirm the status of support issues — whether spousal or partner support is being requested, waived, or reserved. If child support is at issue, confirm the proposed amount and basis. If support is being waived, confirm that both parties understand the consequences of the waiver. A waiver of spousal support without reservation may permanently eliminate the court’s jurisdiction to award support in the future — this is a significant decision that should be made with full understanding of the consequences.
9. Declaration of Disclosure
Confirm that the preliminary declaration of disclosure was served on the respondent — or in a default case, that service was attempted or is not required under the applicable rules. Also confirm the status of the final declaration of disclosure — whether it was served, or whether both parties have waived it using FL-144. This confirmation must be consistent with what is on file via FL-141 and FL-144.
10. Date and Signature
FL-170 is signed by the petitioner under penalty of perjury, and by the petitioner’s attorney if the petitioner is represented. The date of signing must reflect when the petitioner actually reviews and executes the form. An undated or backdated FL-170 may be questioned by the court. The petitioner is certifying the accuracy of the declarations made in the form — ensure the petitioner has read and understood the contents before signing.
FL-170 and the Full Judgment Package
FL-170 is one component of a complete judgment submission. The required package depends on whether the case is a default or uncontested dissolution:
Default Judgment Package
• FL-115 — Proof of Service of Summons (must be on file confirming the respondent was served)
• FL-165 — Request to Enter Default (filed after the response deadline has passed without a response)
• FL-141 — Declaration Regarding Service of Declaration of Disclosure
• FL-170 — Declaration for Default or Uncontested Dissolution
• FL-180 — Judgment
• FL-190 — Notice of Entry of Judgment
Uncontested Judgment Package
• FL-130 — Appearance, Stipulations, and Waivers
• FL-141 — Declaration Regarding Service of Declaration of Disclosure
• FL-144 — Stipulation and Waiver of Final Declaration of Disclosure (if applicable)
• FL-170 — Declaration for Default or Uncontested Dissolution
• FL-180 — Judgment
• FL-190 — Notice of Entry of Judgment
Mistakes and Best Practices
Because FL-170 supports the entire judgment submission, errors here can result in the judgment package being returned or the judgment being delayed. The most common problems to avoid:
• Inconsistencies between FL-170 and FL-100 — statistical facts, residency, and property status must match
• Confirming disclosure compliance on FL-170 when FL-141 is not yet on file
• Leaving support issues ambiguous — FL-170 must confirm the status of all support issues raised in the petition
• Signing FL-170 before the petitioner has reviewed FL-180 — the petitioner should confirm the proposed judgment is consistent with what they are declaring in FL-170
• Submitting a default judgment package without confirming the response deadline has passed and a default has been entered
• Failing to address minor children issues in FL-170 when the petition indicated children were involved
And the workflow habits that prevent them:
• Prepare FL-170 alongside FL-180 and review both together before the petitioner signs either
• Cross-check FL-170 against FL-100 for consistency on all statistical facts and residency
• Confirm FL-141 is on file and matches the disclosure status declared in FL-170
• In default cases, confirm FL-165 has been filed and the default has been entered before submitting FL-170 and FL-180
• Verify local court rules for any county-specific requirements for the judgment submission package
Companion Forms Filed with FL-170
FL-170 is always submitted as part of a complete judgment package. Related forms include:
• FL-115 — Proof of Service of Summons (default cases)
• FL-130 — Appearance, Stipulations, and Waivers (uncontested cases)
• FL-141 — Declaration Regarding Service of Declaration of Disclosure
• FL-144 — Stipulation and Waiver of Final Declaration of Disclosure
• FL-165 — Request to Enter Default (default cases)
• FL-180 — Judgment
• FL-190 — Notice of Entry of Judgment
How SuperDocs Can Help
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For FL-170 filings, party names, case numbers, and matter details entered once are available across FL-130, FL-141, FL-144, FL-180, and related forms in the same case.
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