How to Fill Out California FL-170 (w/Examples) + FAQs

Form FL-170 is California’s Declaration for Default or Uncontested Dissolution or Legal Separation. In simple terms, it’s the form you use to tell the court everything is in order for your divorce or legal separation to be finalized without a trial. This document confirms that you’ve met key requirements (like financial disclosures) and that your proposed Judgment (Form FL-180) resolves all issues. To fill it out, you’ll provide basic case details, check boxes that apply to your situation (whether it’s a default or uncontested case), and outline how you want issues such as property division, support, and child custody handled.

Think of FL-170 as your written testimony in lieu of a live court appearance – it streamlines the divorce process as long as every section is filled out correctly. Below is a step-by-step guide, real-world examples, and answers to common questions to help you confidently complete Form FL-170.

What Exactly is Form FL-170 and Who Needs It?

Form FL-170 (Declaration for Default or Uncontested Dissolution or Legal Separation) is a mandatory California family court form used when you’re wrapping up a divorce or legal separation without going to trial. In a default divorce (when one spouse doesn’t respond) or an uncontested divorce (when both spouses reach an agreement), FL-170 lets you present your case to the judge on paper. By signing this form under penalty of perjury, you swear that all the information and agreements presented are truthful, and you ask the court to approve your judgment based on these details.

This form is required in California for pro se litigants (people representing themselves) and attorneys alike whenever a divorce is finalized by agreement or default. If your case is contested and headed for trial, you generally won’t use FL-170 – instead, the issues get decided in court. But for everyone else (from an amicable uncontested split to a one-sided default), FL-170 is the key to getting your divorce judgment approved without a hearing. The Judicial Council of California (the state body that creates court forms) made FL-170 to ensure you cover all the legal bases, such as confirming residency requirements, disclosing assets, addressing child and spousal support, and confirming the grounds for divorce (usually irreconcilable differences in California).

Federal vs. State Divorce Law: How California Stands Apart

Divorce is governed by state law, which means there’s no all-purpose federal divorce form or national divorce court. California divorce law has its own unique rules and forms, including FL-170. For example, California pioneered the no-fault divorce concept in 1970 – you don’t need to prove any wrongdoing to get divorced, just irreconcilable differences. While no-fault divorce is now common across the U.S., California’s procedures (like the six-month waiting period after serving the petition) are particular to this state.

Another key difference is property division. California is a community property state, so marital assets and debts are generally split 50/50 unless you agree otherwise. Many other states follow “equitable distribution,” which can lead to different outcomes. The FL-170 form reflects California’s approach – for instance, if you’re doing a default without a written agreement, you must detail all community property on a Property Declaration (Form FL-160) and propose a roughly equal division. A court reviewer will check that your plan meets California’s fairness standards before approving a default judgment.

Federal law does play a limited role in divorce. For example, if a spouse is on active military duty, the Servicemembers Civil Relief Act (SCRA) may require additional steps (you might need to file a special affidavit or get a court waiver before taking a default). And for child support, federal law mandates statewide guidelines – California uses a formula to calculate support, and you’ll usually attach a guideline calculation printout to your judgment. However, when it comes to completing FL-170, the instructions and requirements are all about California law and procedure.

Keeping the distinctions in mind (federal vs. state, California vs. other states) helps you understand why FL-170 asks for certain information. It’s tailored to California’s rules – like verifying you meet the residency requirement (at least 6 months in CA and 3 months in your county) and ensuring that no federal law is violated by entering the judgment (for example, pension division might need a federal QDRO later, but that’s separate from FL-170). In short, FL-170 is a product of California’s legal system, designed to satisfy California’s requirements for ending a marriage or domestic partnership.

Step-by-Step Guide: How to Fill Out Form FL-170

Filling out FL-170 may seem daunting, but breaking it down item by item makes it manageable. The form has numbered sections (Items 1 through 19) that cover everything from basic case information to detailed issues like child custody and spousal support. Below is a step-by-step explanation of each part of FL-170, including what to check or write for common situations.

Part 1: Caption and Basic Case Details

At the top of the form, fill in the “caption” – the same as on your other court papers. That means Superior Court county name, the street address of the courthouse, and the names of the parties (Petitioner and Respondent) and case number. If you have an attorney, their info goes in the header; otherwise, as a self-represented litigant, you write your name, address, and contact information in the top left. This top section identifies your case so the court knows who is filing the declaration.

Next, in the form title, you’ll see check boxes for “Dissolution” (divorce) or “Legal Separation.” Check the appropriate box depending on which type of case you filed. (FL-170 covers both – and it’s also used for domestic partnership cases if those are being dissolved or separated in the same way as a marriage.) There’s no box for nullity (annulment) on FL-170, because annulments typically require a court hearing with evidence due to their stricter legal criteria.

Part 2: Telling the Court How You’re Proceeding (Items 1–4)

Items 1 through 4 of FL-170 set the stage by confirming that you’re proceeding without a trial and indicating whether the case is a true default or an uncontested matter with agreement:

• Item 1 is a general declaration: You’re stating that if you were called to testify, you would testify consistent with what’s in this form. It’s basically affirming you’re telling the truth in writing.
• Item 2 confirms you’re okay with the court finalizing the case by this declaration. By checking this, you agree that the judge can review your paperwork without you appearing in person, unless the court specifically orders a hearing. (Under Family Code § 2336, California allows a judgment by declaration in uncontested cases – Item 2 is where you opt in to that process.)
• Item 3 (if present on the form) likely ensures that all information in your petition (and perhaps in this declaration) is true and correct. (In practice, this is a given, since you sign the form under oath. But FL-170 emphasizes that your earlier filings are accurate, which is important especially in a default where the judge relies on the petition details.)
• Item 4: Type of Case. This is a critical section where you specify how the case is being finished:
  • 4a. Default without agreement: Check this if the Respondent did not file a Response and you have NO written agreement with them. In other words, you’re asking for a default judgment purely based on what you requested in your Petition. Important: If you choose this, make sure that you requested everything you need in your FL-100 Petition, because the court will not give you any relief (like support or property division) that wasn’t asked for in the Petition. Also, you’ll need to detail the proposed division of property and other arrangements since there’s no agreement (more on that below).
  • 4b. Default with agreement: This applies if the Respondent didn’t formally respond, but you and your spouse have a written marital settlement agreement or stipulated judgment resolving all issues. Many call this a “default with agreement” or “stipulated default.” You’ll check this if the respondent is cooperating by signing an agreement but chose not to file an official Response. In practice, you should have the original signed agreement ready to submit to the court alongside the judgment. FL-170 will ask the court to approve this written agreement. (Often, people in this scenario will also file an Appearance, Stipulations, and Waivers form (FL-130) or include similar language in the agreement, to confirm the court’s jurisdiction and that the case can proceed without a Response.)
  • 4c. Uncontested case (both parties appeared): Check this if the Respondent did file a Response (or otherwise “appeared” in the case) and you’ve reached a full agreement or stipulated judgment together. In this scenario, both sides are participating and you’ve settled everything without needing a trial. The form will note that both parties have entered into a written agreement regarding their property, support, etc., and you’re asking the court to approve that agreement. Essentially, it’s an uncontested divorce because there’s no dispute – just a mutually agreed outcome.

After you select 4a, 4b, or 4c, FL-170 has some further checkboxes that pop up depending on your choice:

• If you selected default (4a) without an agreement, you’ll typically see a statement confirming that no response was filed and there is no written agreement. It will also include a caution that the default of the respondent has been requested or entered. You will affirm that you’re not seeking any relief beyond what was in your petition. This is crucial – requesting something new at the judgment stage (for example, suddenly asking for spousal support when your petition said “none”) will cause the judgment to be rejected for exceeding what the default respondent was notified of.
• Also under default without agreement, you must address property division. FL-170 will have options to check regarding community property:
  • You can check a box stating “There are no assets or debts to be disposed of by the court.” Only check this if truly neither you nor your spouse accumulated any community assets or debts during the marriage (which is rare, but possible for very short marriages or if everything was kept separate).
  • Otherwise, if there are community or quasi-community assets/debts and you’re defaulting without an agreement, FL-170 requires you to list them on a Property Declaration (Form FL-160). In the form text, it might say something like “the community assets and debts are listed on the attached completed Property Declaration (FL-160), including their values, and the division in the proposed Judgment is fair and equal.” You would check that box and make sure you indeed attach a current FL-160 form. Advanced tip: Be meticulous here – if you indicate you attached FL-160 but forget to include it, the court will reject your judgment. California courts insist on seeing a proposed division of property in default cases to ensure it’s equitable (generally a 50/50 split unless a different split is justified). For example, if you have a house, cars, and some debts, you’d list each on FL-160 and show how you propose to split them between Petitioner and Respondent. The judge will compare that to what you asked for in your Petition and check that it’s reasonable. (If something has a negative value – more debt than asset – explain the distribution is still fair.)
• If you selected default with agreement (4b) or uncontested (4c), the form will note that a written agreement has been submitted and ask the court to approve it. In these cases, you generally don’t need to attach FL-160 because your full settlement is spelled out in your marital settlement agreement or stipulated judgment. Your agreement itself should detail the division of assets and debts, waivers of support, etc., so FL-170 doesn’t require a separate property listing from you. Just ensure the original signed agreement (or stipulation for judgment) is included with the judgment packet.

Example: Let’s say you filed for divorce and your spouse never responded. You have a house and car acquired during the marriage. Under Item 4a (default without agreement), you’d check the box indicating it’s a default. You’d then also check the box saying the assets and debts are listed on FL-160. You would fill out FL-160 listing the house (with its equity value) and the car, and propose in FL-160 that the house goes to you and the car to your spouse (or another equal arrangement). Your FL-170 tells the court “I’ve listed all property on FL-160, and the split in my proposed judgment is fair.” Without that, the judge has no info on property and will not approve the judgment.

Part 3: Declaration of Disclosure Status (Item 5)

Item 5 is all about your financial disclosure forms. California law (Family Code §§ 2104–2106) requires each spouse in a divorce to exchange a Preliminary Declaration of Disclosure (basically, a full financial statement with all assets, debts, income, and expenses, typically done with forms FL-140, FL-142, FL-150, etc.). A Final Declaration of Disclosure is also required before judgment, unless both sides waive it. FL-170 has you confirm what happened with these disclosures, and there are a few options (labeled 5a, 5b, 5c, 5d on the form):

• 5a. Both parties have filed (or are filing) a Declaration Regarding Service of Declaration of Disclosure (Form FL-141) and an Income and Expense Declaration (Form FL-150). You’d check this if both you and your spouse exchanged your preliminary disclosures and filed the FL-141 forms to prove it, and presumably also exchanged final disclosures. In practice, if you’re doing a default, this scenario won’t apply because the other side didn’t disclose anything. 5a is more for uncontested cases where both people engaged in the process fully (for example, both filed FL-141 for preliminaries, and perhaps both exchanged finals or decided to waive finals in writing).
• 5b. Court order waived disclosures (rare): This option on FL-170 is used in a specific situation – if the respondent was served by publication or posting (a method used when you can’t locate your spouse and the court allowed you to serve notice by publishing it in a newspaper or posting at the courthouse). In those cases, the court can waive the usual disclosure requirements for the absent spouse. Item 5b language basically says because service was by publication or posting under court order, the preliminary disclosure from respondent isn’t required, and I (Petitioner) waive receiving a Final Declaration of Disclosure from them. You’d only check 5b if you truly served by publication or posting. (It’s a built-in exception to the disclosure rules.)
• 5c. Petitioner’s preliminary disclosure done, and petitioner waives final from respondent: Check 5c if this is a default case (respondent didn’t respond) but you have properly served your Preliminary Disclosure to the respondent and even filed a FL-141 to show you did so. Since the respondent never participated, you’re waiving the exchange of a Final Disclosure from them. In other words, you did your duty of disclosure and you’re okay proceeding without getting anything from the other side. Item 5c wording typically is: “This matter is proceeding by default. I am the petitioner, I have filed a proof of service of the preliminary Declaration of Disclosure (FL-140) with the court, and I hereby waive receipt of the final Declaration of Disclosure from the respondent.” If that describes your situation, check 5c. (Note: You would also ideally file a Waiver of Final Declaration of Disclosure (Form FL-144) signed by you, but in a pure default, only the petitioner signs FL-144 since respondent is absent.)
• 5d. Both parties mutually waive final disclosure in an uncontested case: If both you and your spouse are involved and have at least exchanged preliminary disclosures, you can mutually agree to skip the final disclosures. Item 5d says the case is proceeding uncontested and both parties have agreed to waive the Final Declaration of Disclosure. To do this properly, you must have a written stipulation signed by both of you under penalty of perjury. The easiest method is using Form FL-144 (Stipulation and Waiver of Final Declaration of Disclosure) signed by both spouses, or you can include equivalent waiver language in your settlement agreement.
  • So, if you’re submitting a judgment by agreement, ensure you either check this 5d and attach FL-144, or have a clause in your agreement that both parties waive final disclosures. If 5d is checked, FL-170 will note that a waiver provision was executed by both parties under penalty of perjury (on FL-144, or in the settlement). This satisfies Family Code § 2105 which allows skipping the final exchange if both sides consent in writing.

In summary, Item 5 is making sure the court knows that the financial transparency requirements have been met or legally waived. Common mistake to avoid: if you’re in a default situation, don’t forget to serve your preliminary disclosure to the other side and file the FL-141 proof of service with the court before you finish the case. The judge will look for that FL-141; FL-170’s Item 5c is basically referencing it. If you haven’t done it, your judgment can be rejected or delayed. Conversely, if you’re settling, make sure you’ve at least done preliminaries and then either exchanged finals or signed the waiver (FL-144). Failing to handle disclosures properly can even leave your judgment vulnerable to being set aside later, since California takes disclosure very seriously (hiding assets or not exchanging info is a big no-no).

Part 4: Child Custody and Visitation Orders (Item 6)

Item 6 of FL-170 deals with child custody and visitation (parenting time) if you and your spouse have minor children together. If you have no minor children with your spouse, you can effectively skip Item 6 – it won’t apply. (It’s wise to mark “Not applicable” or cross out that section to be clear, or check any “No minor children” box if present on the judgment form FL-180.) But if you do have children under 18, here’s how to handle this section:

• 6a. Custody/Visitation Orders in Proposed Judgment: You will usually check a box indicating that custody and visitation should be ordered as set forth in your proposed Judgment (FL-180) and any attachments. In other words, you’re telling the court you have a parenting plan included with your judgment papers (such as Form FL-341 or a detailed settlement agreement) and you want those terms to become the court order. FL-170 doesn’t require you to rewrite the terms – it just references that the judgment contains the specifics.
• 6b. Existing Custody Order in Another Case: If there’s already a court order for custody/visitation from a different case (for instance, maybe you had a separate child custody case, or a Domestic Violence Restraining Order case with custody orders, or perhaps a juvenile court or guardianship case), you would note that. FL-170 provides a space to specify the county and case number of any other case with custody orders. Most divorces won’t have a prior separate custody case, but it’s there just in case. If applicable, list the other case number and court.
• 6c. Current Schedule Description (if any): If you and your spouse have been following an informal arrangement or there was a temporary custody order in this divorce case, FL-170 allows you to specify the “current custody and visitation schedule.” This is often optional – you might use it if, say, you had a temporary custody order during the divorce process and you want the judge to know what it was (especially if you’re asking to keep that arrangement in the judgment). There might be a few lines to write in what the current schedule is. If you need more room, the form mentions you can check a box and attach “Attachment 6c” with details.
• 6d. Facts Supporting Requested Order (for default cases): In a true default scenario without an agreement, the court is tasked with ensuring the custody and visitation arrangement is in the child’s best interest, since the other parent isn’t there to agree or disagree. Item 6d is a place for you to provide facts to support the custody/visitation orders you’re asking for in the judgment. For example, you might write: “It is in the child’s best interest for Petitioner to have sole legal and physical custody because the Respondent has not been involved in the child’s life for over a year and did not respond to the divorce.”
  • Or if you’re requesting a certain parenting schedule, explain briefly why it benefits the child. There may be a checkbox to attach additional pages if your explanation is long (as “Attachment 6d”). If you have an agreement or the case is uncontested, you typically don’t need to fill in 6d’s narrative – your mutual agreement is considered evidence that the arrangement works for both parties, and that usually suffices for the judge.

Tip: If you have minor children, you should also have filed a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105) at the start of your case, which lists the kids’ addresses and any other custody cases. On FL-170, there’s often a mention of the UCCJEA – you might need to check a statement like “The information in the UCCJEA form is still accurate and hasn’t changed since it was filed.” If things have changed (for example, a child’s residence changed during the case), you’d need to update that form and attach a new one. So double-check your FL-105 form when finishing the case.

Also, if anyone is receiving public assistance (like TANF) for the children, the local child support agency might be involved. That comes up more in the support section, but know that custody arrangements can indirectly be scrutinized if they impact child support.

Part 5: Child Support and Public Assistance Information (Item 7)

Item 7 of FL-170 addresses child support. If you have no minor children of the relationship, you won’t fill out item 7 (it would be N/A, just like item 6). But for those with children, you need to ensure the judgment has proper child support arrangements, and FL-170 gathers some necessary info:

• 7a. Proposed Child Support Order: You’ll generally check a box that says child support should be ordered as set forth in the proposed Judgment (FL-180). That means you have included child support terms in your judgment (either an amount agreed upon, or an amount as per the guideline calculation, etc.). If you and your spouse agreed on a child support amount, it should be in your settlement/judgment paperwork. If it’s a default, you must propose an amount likely based on a guideline calculation. California requires a formal calculation unless you explain why guideline isn’t being used or if the parties stipulate otherwise.
  • Guideline Calculation Attachment: FL-170 will ask if you have a computer-generated child support calculation attached to your judgment. In most cases, you should run a guideline calculation (using software like Dissomaster or the court’s online calculator) to show what the guideline support would be. The form might have you confirm that “the information in the child support calculation attached is correct to my knowledge.” Make sure to attach that printout (it’s often required when submitting a judgment with child support, even if you agreed to zero support, the court wants to see the numbers).
  • Earning Ability (Optional): There’s a part where if you’re asking for a support amount based on someone’s earning capacity rather than actual income, you’d fill in some facts. For example, if the other parent isn’t working but could earn $50,000 a year, you might ask the court to calculate support on that imputed income. FL-170 lets you state “I request this order be based on [Petitioner’s/Respondent’s] earning ability” and provide facts supporting that (often attached as “Attachment 7a(3)” if needed). This is more advanced and usually only in default cases where one party believes the other could be earning more.
• 7b. Public Assistance Status: This part is crucial if any party or child is receiving government assistance. You must disclose if you or the other parent are receiving public assistance for the children (like CalWORKs, Medi-Cal, etc.), or if you’ve applied or intend to apply for it. There are typically checkboxes:
  • “I am receiving / not receiving / have not applied for public assistance for our child(ren).”
  • “To my knowledge, the other parent is / is not receiving public assistance.”
  • If either of you is receiving public assistance for the kids, the local child support agency (often the Department of Child Support Services, DCSS) becomes a party to the case for support purposes. In that scenario, your proposed judgment must be approved and signed by a representative of that agency, or at least they must be given notice. FL-170 has a line like “A representative of the local child support agency has signed the proposed judgment” or will sign off — ensure this happens before you submit the judgment, or the court won’t enter the support order. (In practice, if on aid, you’d typically get the LCSA involved early or they may have filed something in your case already.)
• Other Court Cases for Support: If child support is already being handled in another case (e.g., a DA child support case), you’d note that as well in FL-170 (similar to custody above). Provide the county and case number. Sometimes, if there’s an existing support order from another case, the divorce judgment might say “no child support ordered herein, see other case.”

Example: Imagine you’re finalizing a default divorce with two kids and you’re on CalWORKs. In FL-170 item 7, you’d check that you are receiving public assistance. You’d make sure the proposed judgment’s child support section is reviewed by the local child support agency; often they will need to sign a stipulation or the judgment itself to approve any non-guideline arrangements. You’d also attach a guideline calculation printout showing what support should be. If you have agreed (or are requesting) to set support at that guideline amount, great. If you agree to something else (like zero support or a different amount), you must declare why (perhaps in an attachment or in the agreement) and still the LCSA must consent if the kids are on public aid.

Part 6: Spousal/Partner Support Arrangements (Item 8)

Item 8 is about spousal support (also known as alimony) or domestic partner support. Here you tell the court what you want to do about spousal support in the final judgment. California gives several options, and you should choose all that apply:

On FL-170’s item 8, you’ll see multiple sub-options (often labeled 8a through 8f):

• 8a. Waive Support Forever: This means you knowingly give up any right to receive spousal or partner support from the other person, forever. Check this if you and your spouse have agreed to no spousal support now or in the future. It’s a common choice in marriages of short duration or when both parties are self-sufficient. By checking 8a, you’re saying neither party will pay spousal support and you both can’t come back later to ask for it. (Usually, both parties will agree to this in writing for uncontested cases, or in a default, the petitioner can waive their own right but cannot waive the absent respondent’s right without a response – tricky scenario; typically if you’re defaulting and you want no support either way, you’d ask the court to terminate support for both in the judgment, see 8c.)
• 8b. Court to Reserve Jurisdiction: Check this if you want the court to reserve the power to award spousal support in the future for either party. For example, maybe neither of you needs support right now, but you don’t want to permanently terminate the possibility – often done in longer marriages or when someone might retire or become disabled later. If you check 8b, specify for whom support is reserved (Petitioner, Respondent, or both). “Reserve jurisdiction” means no support is ordered now, but the court can make an order later upon request.
• 8c. Terminate Support for One Party: This is used to ask the court to forever terminate the possibility of support for either the Petitioner or Respondent. For instance, you might ask to terminate the court’s ability to award support to the Respondent because maybe Respondent is well-off or waived support in writing. You’d check 8c and indicate which party is cut off from future support. (In many default cases, petitioners ask to terminate support for the defaulted respondent, essentially saying the respondent can’t come back later and seek support because they failed to participate or because the petitioner doesn’t want a lingering liability. But judges will usually only do this if it was requested in the petition and if circumstances justify it.)
• 8d. Order a Specific Support arrangement: If you want the court to order a particular spousal support arrangement as part of the judgment, you’d check 8d. The form will say “Spousal or partner support should be ordered as set forth in the proposed Judgment (FL-180) based on the factors described in: __.” You have choices such as:
  • A Spousal Support Declaration Attachment (Form FL-157) – this is a form where you list factors about incomes, needs, standard of living, etc. It’s usually required in default cases if you’re asking for spousal support from a defaulted spouse, to justify the amount under the law.
  • An attached declaration (Attachment 8d) – meaning you write your own narrative explaining the support request.
  • A written agreement – if you and your spouse agreed on a support amount (or waiver) in a settlement, that counts.
  • Other – any other basis (rarely needed beyond the above).
  Essentially, check 8d if spousal support will be part of the orders. For example, “$500/month to Petitioner until 12/31/2025 pursuant to written agreement” – that would be in your judgment, and 8d signals the court to grant that.
• 8e. Family Support: If you check this, you’re indicating that the judgment will order “family support” (a combined single payment of child + spousal support, which is a thing California allows for tax purposes, though tax laws have changed so family support is less common now). Only use 8e if you deliberately structured support that way in your agreement.
• 8f. Other: Any other spousal/partner support-related request not covered. This could be something like “Each party to maintain their own retirement accounts with no division” – although that’s more property – so likely you won’t need 8f often except maybe to note something unique like “The court’s jurisdiction over spousal support will terminate on a specific date regardless of circumstances” (which sometimes is an agreed term).

For most people:

• If you both waived support, you’d mark 8a (for yourself) and also likely 8c to terminate for the other, or just have the agreement say both waive, which the court will interpret as mutual.
• If you want a clean break and no future changes, you’d terminate for both sides.
• If unsure, reserve it (8b).
• If someone is actually going to pay support, then 8d referencing an attachment or agreement.

Remember, if any spousal support orders or attorney’s fees orders are requested in the judgment, you need to have current financial information on file. FL-170’s fine print (and the judgment checklist) say you must submit an Income and Expense Declaration (FL-150) for the party asking for support or fees, unless one was filed recently and is still current. That’s why you often see, as part of a default judgment packet, an updated FL-150 from the petitioner if they want support or even if they want to terminate support – it shows the court what the financial situation is. If the case is uncontested and both parties agreed on support (or waiver), they likely each did FL-150 earlier or waived the update. To be safe, include a current FL-150 for both parties in an uncontested judgment if support is being ordered, so the judge has the data to approve your agreement.

Example: In a default judgment for a moderate-length marriage, suppose neither spouse wants spousal support now or in the future. The petitioner could check the box to waive support (8a) for themselves, and also request to terminate the other spouse’s support rights (8c). This combination tells the court that both parties give up any claim to spousal support permanently, ensuring it can’t be raised later.

Part 7: Parentage (Item 9) – Only If Applicable

Item 9 concerns parentage (paternity) of children. This only matters if you and your spouse have children together and those children were born before your marriage (or domestic partnership), or if there’s any question of paternity/parentage that wasn’t legally established. Normally, if a child is born to a married couple, parentage is presumed, so you might not need this. But if you had a child together before you got married, you might need to formally establish that the child is “of this marriage” so the court has jurisdiction to make orders about that child in the divorce.

Here’s how to handle Item 9 if it applies:

• If you have such children, you have some choices to show the court that parentage is confirmed:
  • 9a. Voluntary Declaration of Parentage: Check this if you have a Voluntary Declaration of Paternity/Parentage (a form parents can sign, often at the hospital, to establish legal parentage when they’re not married). If you did that, attach a copy of it. This document is a legal finding of parentage, so the court can rely on it.
  • 9b. Written Agreement on Parentage: Check this if you and your spouse have a written agreement regarding parentage. This could be a statement in your marital settlement agreement that “Husband is the father of Child X born before the marriage” or a separate stipulation you attach (Attachment 9b) where both agree on the child’s parentage. If you already did a Voluntary Declaration or had a paternity case, you might not need this, but it’s an option if, say, you want the judgment to reflect paternity for a child born before marriage.
  • 9c. Parentage was established in court already: Maybe you had a paternity case before getting married (or while separated). If a court previously issued an order saying who the legal parents are (other than in this divorce case), you’d check 9c and fill in the county and case number where that happened. For example, “Los Angeles County case #D12345”. Essentially, you’re telling the divorce judge “paternity is already legally established by another court order.”

If you have no children, or all children were born during the marriage and thus parentage is presumed, Item 9 doesn’t really apply – you would leave it blank or mark N/A. If you do have before-marriage kids and none of the above is available, the court might require you to establish paternity formally (sometimes the judgment can do that if both agree). But FL-170’s role is just to identify if there’s an attached acknowledgment or stipulation regarding parentage.

Part 8: Attorney’s Fees and Costs (Item 10)

Item 10 is for attorney’s fees and costs orders. Most commonly, in a default or uncontested case, each side pays their own attorney’s fees (especially if no one had an attorney or only one side did). However, sometimes the petitioner might be asking the court to order the respondent to pay some attorney fees (for example, as sanctions or need-based fees if there’s a big income disparity).

If you want the court to order attorney’s fees or costs, you would have likely mentioned it in your petition and you’ll also need to have an Income and Expense Declaration (FL-150) on file to support the request (and possibly a separate request or motion was already done). In the final judgment context, if both parties agree one will pay the other’s attorney fees, that can be part of the agreement.

On FL-170, item 10 typically has a checkbox to say “Attorney fees and costs should be ordered as set forth in the proposed Judgment.” If you check that, you should also check how you’re supporting that request:

• There is a dedicated attachment form FL-319 (Request for Attorney’s Fees and Costs Attachment) which is often used to list the facts supporting attorney fee requests.
• Or you might attach your own declaration explaining the fees.
• In an agreement, you might not need an attachment because both parties agreed who pays what.

If you are not asking for any attorney fees or court costs award, you can leave item 10 un-checked. In most amicable settlements, it’s left blank (meaning each pays their own) unless explicitly stated otherwise in the agreement.

Part 9: Judgment Date (Nunc Pro Tunc) and Other Orders (Item 11 & Item 19)

Item 11 involves a special situation: nunc pro tunc judgment. “Nunc pro tunc” is Latin for “now for then” – essentially asking the court to enter the judgment retroactively to an earlier date. Why would anyone need that? Typically, it’s used if there was a clerical error or a delay in processing that pushed the final divorce date past when it should have been. For example, suppose you intended your divorce to be final on December 31, but paperwork issues caused it not to be entered. You might ask the court to enter the judgment nunc pro tunc to December 31 so that legally the divorce is effective from that date.

On FL-170, item 11 will have a place to specify a date and reasons if you are requesting a nunc pro tunc judgment date. This is relatively uncommon and considered an advanced request – you’d only fill this if you know what it is and have a good reason (such as both parties agreed to backdate the termination of status for a specific reason like tax filing status or a court clerk error). If you just fill out FL-170 normally, you leave item 11 blank and the divorce will be effective on the date the judge signs the judgment (or later if the judge specifies).

If you do need a nunc pro tunc, you’d write something like: “The judgment should be entered nunc pro tunc as of [date] because [explanation].” (E.g., “because the parties reached a settlement and intended the marriage to terminate on that date, but the hearing was delayed.”) Some courts require a separate motion for that; others allow it if both parties stipulate. It’s best to consult a lawyer if you think you need a nunc pro tunc divorce date.

Item 19: “Other (specify)” is a catch-all. If you have any other requests or information you want to declare to the court outside the provided categories, you can use item 19. You’d briefly state any additional matters and typically attach a page if it’s lengthy. For example, if there’s an unusual issue like a request for the court to make an order about a name change of a child, or a note about dividing a specific asset in a particular way that didn’t fit elsewhere, you might stick it in item 19. Most people leave “Other” blank unless something unique needs saying.

Part 10: Restoration of Former Name (Item 12)

Item 12 is where you indicate if one of the parties wants to restore their former name. In California, the divorce court can restore a spouse’s maiden or former last name as part of the judgment if they request it. This only applies to dissolution (divorce) or nullity cases – not legal separation (since you’re still married in a separation).

If you (as the petitioner) or your spouse (as the respondent) wants to go back to a former name (for example, a wife wants her maiden name back), you’d check the box in item 12 and write the full name to be restored in the proposed judgment form (FL-180). FL-170’s item 12 usually says something like “____ requests restoration of the former name as set forth in the proposed Judgment.” You’d fill in Petitioner or Respondent on the blank line.

A few pointers:

• Only the party who wants their name changed should request it. If you are the petitioner filling FL-170, you can’t request to change your spouse’s name – they have to do that themselves (either by agreeing and signing the judgment or by filing their own request). However, if your spouse defaulted, you (the petitioner) can include in your proposed judgment that your former name be restored, but you cannot do that for the absent spouse.
• The name change in a divorce judgment is free and takes effect once the judgment is entered. It’s much simpler than doing a separate name change petition later.
• If you or your spouse might ever want the name restored, it’s easiest to handle it now. Otherwise, years later they’d have to file a separate court case to change it.

So, on FL-170, check item 12 if it applies and ensure the judgment has the correct name spelled out. If no one wants a name change, you can leave item 12 blank.

Part 11: Grounds for Divorce and Other Final Declarations (Items 13–18)

The remaining items on FL-170 (13 through 18, and possibly 19 as discussed) are statements relating to the grounds for divorce and the jurisdictional facts. They are mostly pre-printed legal statements that you, by signing, are agreeing with. You usually don’t have to fill much in these; just be aware of them:

• Item 13: Irreconcilable differences. California’s primary ground for divorce is irreconcilable differences leading to an irremediable breakdown of the marriage. FL-170 will include a statement akin to: “Irreconcilable differences have led to the irremediable breakdown of the marriage, and there is no possibility of saving the marriage through counseling or other means.” By submitting the form, you assert this is true for your marriage. (If your case were a legal separation or if you had a different ground like incurable insanity, it would address that, but almost everyone uses irreconcilable differences.)
• Item 14: Review by a Commissioner. This notes that a court commissioner (acting as a temporary judge) may review this declaration and decide the case. It’s informing you that a subordinate judicial officer might handle your paperwork. There’s nothing to fill out; it’s just a heads-up.
• Item 15: Residency requirement (for divorces from out-of-state marriages). California requires that at least one spouse has lived in California for at least 6 months and in the county of filing for at least 3 months before filing for divorce. Item 15 on FL-170 mentions that if the marriage or domestic partnership was created out-of-state, the petitioner (or respondent) meets the residency requirement in California. This is to ensure California has jurisdiction to dissolve your marriage. In practice, if you filed the case, you should already meet this. There’s no checkbox if you filed correctly, it’s just a declaration.
• Item 16: Request for Judgment of Dissolution. This part says (in a dissolution case) you ask the court to grant the divorce and enter the orders in your proposed judgment. Essentially it’s you formally saying “Please terminate the marital status and approve the attached judgment terms.” If you’re doing a legal separation instead, item 18 (discussed below) is the analogous statement.
• Item 17: Status-Only (Bifurcation) Cases. If you are seeking a “status only” judgment – meaning you want to terminate the marriage now and reserve jurisdiction over other issues (like property or support) to be dealt with later – FL-170 has a provision for that. Item 17 usually says that this declaration is only for terminating the status of the marriage/partnership and asks the court to reserve jurisdiction over all other issues not addressed now for future determination. This is used in bifurcated divorce situations. Unless you explicitly are doing a bifurcation (which requires either agreement or a court order), you wouldn’t check this. It’s not common for average divorces, but it’s there for special cases (like if someone needs to be divorced by a certain date but property division isn’t ready, often done for tax or remarriage reasons). If you do use it, you would NOT be including property division etc. in your judgment, just ending the status. (Also note: if you bifurcate status, California law requires certain conditions to be met to protect both parties’ financial interests post-divorce; that’s beyond the scope of FL-170 though.)
• Item 18: Legal Separation cases. If you’re not dissolving the status but instead getting a legal separation, FL-170 will have a statement that you request a judgment of legal separation based on irreconcilable differences and understand you remain married/partnered. Legal separation means you end the community property and support issues, but you remain legally married – neither can remarry. You’d only use this if you indeed filed for legal separation. If that’s your case, you’d change the wording in earlier items (checking “Legal Separation” at the top and in item 16/18). A legal separation judgment requires either both parties’ consent or the respondent’s default with no request for divorce – it’s somewhat less common.
• (If there were an item 19 as the Other category, we covered that above; many forms actually number Other as 19, which we did.)

Finally, you reach the signature line. FL-170 will have you date and print your name, and then sign under penalty of perjury. Only the party filling out the declaration signs this form (typically the petitioner). In an uncontested case where both parties are cooperating, usually only one party actually needs to sign FL-170 – often it’s the petitioner as the moving party for judgment. The respondent can, however, also sign a joint stipulation or the judgment itself, but FL-170 is generally one person’s declaration (you don’t both fill out separate FL-170 forms; one complete form in the file is enough).

Before signing, double-check that you’ve completed all relevant items and attached all necessary forms (FL-141, FL-144, FL-160, FL-150, etc.) as needed for your situation. Once you sign and date, you’re ready to include FL-170 in your final judgment packet for submission to the court.

California Divorce Scenarios: FL-170 in Action

Different divorce scenarios call for slightly different approaches with FL-170. Below we break down three common situations and how FL-170 is used in each:

Divorce Scenario	How FL-170 is Handled
True Default (No Response, No Agreement)	The petitioner proceeds solo because the other spouse never responded. Check “default without agreement” on FL-170. Ensure no new requests beyond what the petition asked for. All community assets and debts must be listed on a Property Declaration (FL-160) and attached to the judgment for a fair 50/50 division. Spousal support is often requested as “none” or terminated, since there’s no agreement to pay it. The judge will review the declaration and attached documents closely to confirm everything (custody, support, property) is resolved per law before granting the judgment.
Default with Written Agreement	One spouse didn’t file a response, but both spouses reached a full Marital Settlement Agreement. The case is handled like an uncontested matter: check “default with agreement” on FL-170. Attach the signed settlement (or stipulated judgment) to your FL-180 Judgment form. You typically still request entry of default (so the court notes the respondent’s default) but the judgment is based on the agreement terms. No FL-160 is needed if the agreement clearly outlines property division. FL-170 will ask the court to approve the written agreement. This scenario is often called a “stipulated default” – the respondent doesn’t formally appear in court, but their signature on the agreement indicates they’re resolving the case cooperatively.
Uncontested (Both Responded & Agreed)	Both spouses participated (the respondent filed a Response or at least a general appearance), and they ultimately reach a comprehensive agreement (no trial needed). On FL-170, check “uncontested” (both parties have appeared). The form notes that both parties have a written stipulation or agreement. You’ll submit a stipulated judgment signed by both of you, often without needing a default at all. Because both are involved, disclosure duties are mutual: preliminary disclosures exchanged, and final disclosures either exchanged or waived by agreement (remember to check item 5d and include FL-144 or equivalent language). The judge’s job is mostly to ensure the agreement is complete and meets any mandatory requirements (like child support guideline considerations). FL-170 in this scenario is straightforward since the heavy lifting was done by the agreement – it just confirms to the court that “we’ve both agreed, here’s our deal, please approve it.”

Note: In a fully contested divorce (where you and your spouse cannot agree and go to trial), FL-170 is generally not used. Instead, the judge will issue orders after trial, and you’d prepare a judgment based on those orders. FL-170 is specifically a declaration for avoiding trial. However, even some cases that start contested end up settling – at which point you would then use FL-170 to finalize the settlement.

Filing FL-170: With Attorney or Without?

Deciding whether to complete the divorce paperwork on your own or with an attorney’s help is an important choice. Here’s a quick comparison of going pro se versus hiring a lawyer when it comes to preparing FL-170 and related judgment forms:

Approach	Pros and Cons
Self-Representation (No Attorney)	Pros: Save on legal fees; maintain direct control over your case details and timeline. Cons: Steeper learning curve to understand court requirements; risk of errors or omissions (like a missed checkbox or attachment) which can lead to judgment rejection and delays. You must do all the research to ensure forms are filled out correctly and follow up with the court on your own.
Using an Attorney	Pros: Professional guidance through the process; an experienced family law attorney can catch and prevent mistakes, ensuring FL-170 and all required forms are properly prepared. They can also handle complex issues (like QDROs for pensions, or tricky default situations) and communicate with the court if any fixes are needed. Cons: Attorney services cost money (sometimes a significant amount, depending on complexity); you might feel less directly involved in the paperwork details. Ultimately, however, an attorney’s expertise often provides peace of mind that your judgment will be accepted the first time.

Many people successfully complete FL-170 on their own, especially for straightforward cases (short marriage, no kids, little property). California’s self-help resources and form instructions can guide you. However, if you’re ever unsure about what a section means – say, how to list your property or whether to waive support rights – consulting with an attorney or a qualified legal document assistant can be worthwhile. Errors in a judgment can cause months of delay, so weigh the cost of professional help against the potential hassle of multiple rejections if you go solo.

Common Mistakes to Avoid on Form FL-170

Even seasoned filers can slip up on the paperwork. Here are some common mistakes to watch out for when completing FL-170 – and how to avoid them ⚠️:

• Failing to Attach Required Documents: A top mistake is checking a box on FL-170 that says you’ve attached something – but then not attaching it. For example, if you indicate that community property is listed on Form FL-160, you must include a completed FL-160 in your package. If you say a Voluntary Declaration of Parentage or an agreement is attached for parentage, attach it. The court will reject your judgment if something referenced is missing. Double-check all attachments: Property Declaration (FL-160), Income and Expense Declaration (FL-150), settlement agreement, disclosure waiver (FL-144), etc., as applicable.
• Requesting Relief Beyond the Petition: In default cases, remember you’re bound by what you asked for in your initial Petition (FL-100). A very common error is trying to add new requests at the end – for instance, asking for spousal support or a specific asset when you didn’t mark those in the petition. The court cannot grant anything that the respondent wasn’t put on notice about. The FL-170 explicitly has you confirm you’re not seeking additional relief. So if it’s not in your petition, do not include it in the judgment. If you realize you need to, you’d have to file an amended petition and reserve it, or get the respondent’s agreement.
• Not Handling Disclosures Properly: As mentioned, failing to exchange Preliminary Declarations of Disclosure (or at least serve yours in a default) is a serious error. The court file should have your FL-141 proving you served your disclosures. If both parties are involved, both should have FL-141s on file. Also, if you’re waiving Final Disclosures, ensure FL-144 is signed by both (or just by you if default and you’re waiving receiving the other’s). Missing disclosure documents can lead the court to suspect you haven’t met your fiduciary duties, and they might not enter the judgment.
• Skipping the Income and Expense Declaration when needed: If you request any kind of support (child or spousal) or attorney fees, and there isn’t a very recent FL-150 already filed that reflects current info, you need to file one with your judgment. Many people forget this in defaults – e.g., asking for child support but not providing updated income info. The court can’t determine an appropriate amount (or approve even an agreed amount) without financial disclosures. So always include an FL-150 for the requesting party (and often one for the other party, if you have info or if they participated).
• Leaving Sections Blank that Require Action: Some filers leave portions of FL-170 blank, thinking “this doesn’t apply” but not actually indicating so. If a section doesn’t apply, it’s better to write “None” or “N/A” or cross it out, rather than leave the judge guessing. For instance, if you have no children, ensure the child custody and support sections are clearly marked as not applicable. If no spousal support issues, you might check the waiver box and/or note it’s not requested. A fully completed form shows the court you didn’t accidentally skip something.
• Forgetting to Request Entry of Default (in a default case): If the other spouse never responded, you must request the court to enter their default (usually by filing a Form FL-165 Request to Enter Default) before the court can process a default judgment. Some pro se litigants fill out FL-170 and judgment forms and submit them without ever obtaining the default. The clerk will not enter a judgment without a default in place (or the respondent’s appearance). So make sure you’ve filed FL-165 and it’s been entered – you usually get a clerk’s entry of default – and only then submit the final judgment packet (which includes FL-170).
• Not addressing Public Assistance or DCSS involvement: If you or the children have ever received public assistance, you must involve the local child support agency in the judgment if child support is an issue. A mistake is ignoring this – the judgment might be rejected or the agency might later step in to modify it. So, disclose it on FL-170 and get the necessary signature or at least ensure the support is set to guideline.
• Signing in the Wrong Place or Missing Signature: It sounds basic, but ensure you sign and date FL-170 at the bottom. Also, only the declarant signs this form. (The judge or clerk will sign the actual Judgment FL-180 later, but not FL-170.) Make sure you didn’t mix them up. Occasionally, people sign the judgment but forget to sign FL-170.
• Using Outdated Forms: Check that you have the latest version of FL-170 (the revision date is usually in the footer). Using a very old version could omit required language. In California, current forms are mandatory. As of now, FL-170 was revised effective 2020 – always verify on the courts.ca.gov site for updates.
• Illegible or Incomplete Information: If the clerk or judge can’t read your handwriting or something is ambiguous, your judgment might get kicked back with a request to clarify. It’s best to type your forms or write very neatly. Fill in all identifying info (like case number, party names) on each form.
• Not checking for Local Rules: Some counties have local rules or checklists for default judgments. For example, Los Angeles family courts often have a judgment checklist that clerks use. A local rule might require an additional form or a special format for attachments. While FL-170 is statewide, it’s always good to see if your county court provides a guide – it can help avoid rejections.

Avoiding these mistakes will save you a lot of time and stress. When in doubt, use your court’s self-help center or family law facilitator, or consult an attorney for a document review. It’s easier to correct an issue before you submit everything than to fix a rejected judgment after weeks of waiting.

Advanced Tips for a Smooth FL-170 Filing

To further increase your chances of a one-and-done successful judgment, consider these advanced tips and best practices 💡:

• Be Thorough and Consistent: Treat your judgment paperwork like a detailed project. Make sure every relevant box on FL-170 is checked correctly and that it doesn’t conflict with your other forms. For example, if your FL-100 Petition said one thing and your agreement says another, reconcile that (by amendment or explanation) before submitting. The clerk looks for consistency – any mismatch (like the Petition asks for maiden name restoration but the judgment doesn’t mention it, or vice versa) can trigger a reject or at least confusion.
• Use a Checklist: The Judicial Council website and many county courts provide a checklist of forms needed for a default or uncontested judgment. Commonly required forms include: FL-170 (this form), FL-180 (Judgment), FL-190 (Notice of Entry of Judgment), FL-165 (if default), FL-144 (if final disclosures waived), FL-141 (proof of prelim disclosures), any child support calculation, and often attachment forms like FL-341 (custody order), FL-342 (child support info), FL-343 (spousal support order) if those apply, plus envelopes for mailing the judgment. Using a checklist helps ensure you don’t forget a piece.
• Time Your Submission: Remember that even with FL-170, California divorces can’t be finalized until at least 6 months and a day after the respondent was served (that’s the legal cooling-off period). You can prepare and even submit your judgment before that time, but the court will not finalize it until the waiting period has elapsed. It’s often wise to submit your judgment a few weeks before the 6 months is up, so that any issues can be addressed and the judgment can be entered as soon as legally possible. But if you submit too early and something is wrong, you’ll have time to fix it without extending your wait unnecessarily.
• Leverage Court Self-Help Services: Many California courts have a Family Law Facilitator or Self-Help Center that can review your judgment paperwork. They can often pre-screen your FL-170 and attachments to catch errors (for free). This is a highly recommended step for self-represented litigants. They might operate by appointment or specific drop-in hours, so check your local court’s website.
• Consider FL-130 for Default with Agreement: If you are proceeding by “default with agreement,” one slick move is to have your spouse sign FL-130 (Appearance, Stipulations, and Waivers). This form essentially says the respondent makes a general appearance for the purpose of the agreement, waives further formal service, and waives the right to trial. By doing so, your case is technically uncontested rather than a pure default. It can simplify the judgment because the court might treat it as stipulated (no default prove-up needed). FL-130 isn’t strictly required if the respondent signs the settlement and notarizes it, but it’s often used by attorneys to cover all bases. If you use FL-130, you would actually check the “uncontested 4c” option instead of default on FL-170, since both parties have now appeared.
• Attach Explanations for Unusual Requests: If something in your case is out of the ordinary (like the nunc pro tunc request, or you’re deviating from child support guideline by agreement), include an explanatory declaration or the proper attachment form. For example, if you both agree to no child support even though guideline says there should be, you need to include the reasoning (perhaps using form FL-342(A) – Non-Guideline Child Support Findings). This shows the judge you understand the law and have made an informed decision, which increases the chance they’ll approve it without a hearing.
• Double-Check Names and Dates: Ensure all names (yours, your spouse’s, and any children) are spelled correctly and consistently across forms. Check that marriage date, separation date, and any dates mentioned are consistent. If you request a name change, make sure it’s the correct former name. If a date for termination of marital status is to be listed (especially in a status-only judgment or if the 6-month date is later), ensure that’s right.
• Keep Copies and Stay Organized: Keep a complete copy of everything you submit, including FL-170 and all attachments. If the court sends back a correction letter or rejection, you can then compare line by line. It’s not uncommon to resubmit corrected forms, and having a reference helps.
• Follow Up: Courts can take a few weeks (or in busy counties, even a couple of months) to process default/uncontested judgments. If you haven’t heard anything in, say, 8-10 weeks, follow up with the court clerk. Occasionally judgments get lost or stuck. Also, if you move while waiting, be sure to update your address with the court – the Notice of Entry of Judgment (FL-190) will be mailed to the address of record.

Using these strategies will put you in a strong position to get your divorce judgment entered without unnecessary complications. The key is attention to detail – FL-170 and its companion forms might be tedious, but they are the final step to legally end your marriage, so it’s worth doing them diligently.

Comparing FL-170 to Other California Divorce Forms

The divorce process involves a stack of forms, and it’s easy to mix them up. Here’s a brief comparison of FL-170 and some related California family law forms, to clarify how each one functions:

• FL-100 (Petition for Dissolution/Legal Separation): The FL-100 is the form that starts the divorce or legal separation case. It’s the initial pleading filed by the petitioner, where you list statistical facts (date of marriage, kids, etc.) and what you request (property division, support, custody orders, name change, etc.). In contrast, FL-170 is used at the end of the case to finalize those requests. Think of FL-100 as your “wish list” at the beginning, and FL-170 as your declaration that “everything on my list is ready to be granted” after going through the process.
• FL-120 (Response): This is what the respondent would file to contest or participate in the divorce. If a Response (FL-120) is filed, the case is not a default. FL-170 can still be used if the case becomes uncontested through a settlement, but if issues remain contested, you wouldn’t finish with FL-170. So, FL-120 indicates a two-party case; FL-170 is still used to wrap it up if they settle.
• FL-141 (Declaration Regarding Service of Disclosure): There are actually two FL-141s each party might file (one after serving preliminaries, one after finals or waiver). These are simple proofs that you served your disclosure forms on the other side. They work hand-in-hand with FL-170’s item 5. FL-170 references whether those disclosures were done or waived, but FL-141 is the actual evidence in the file. FL-170 doesn’t replace FL-141 – you still must file FL-141s separately.
• FL-150 (Income and Expense Declaration): This is a 4-page form detailing income, expenses, and assets, used as financial evidence. During the case, each side usually files one (especially if there are support or fee issues). By the end, if you need support orders, recent FL-150s should be in the file. FL-170 is not about listing your finances (aside from referencing attachments); it assumes you’ve already provided that info via FL-150. In a default judgment, the petitioner’s FL-150 is crucial if asking for any support. So while FL-150 shows what the financial situation is, FL-170 declares what orders you want given those facts.
• FL-160 (Property Declaration): This form is essentially a detailed inventory of assets and debts, similar to a schedule you’d attach in disclosures. In a contested case, people might exchange FL-160s during discovery. But for an uncontested judgment, FL-160 becomes critical if you have a default without agreement. As noted earlier, FL-170’s checkbox about assets and debts ties directly to whether you provided an FL-160. FL-170 itself doesn’t list each asset; it relies on FL-160 for that. If you have a full agreement, that agreement might serve the role of listing assets/debts, so a separate FL-160 isn’t needed.
• FL-165 (Request to Enter Default): This short form is what you file (along with a filing fee in some counties) to have the clerk enter the respondent’s default when they don’t answer in 30 days. FL-165 is filed before you submit FL-170 in a default scenario. It’s basically the procedural step to tell the court “the respondent is out of the picture now.” Once the default is entered, you attach a copy of the entered default (or at least mention it) in your judgment packet. Without FL-165, FL-170 alone cannot finalize a default case.
• FL-180 (Judgment): This is the actual judgment form which the judge signs to finalize the divorce. FL-180 is like a cover sheet that references all the orders (which may be detailed in attachments or in a written settlement). In your judgment packet, FL-170 is filed alongside FL-180, but FL-170 is not an order – it’s your declaration and proof that the judgment is ready to be made. When the judge signs FL-180 and it’s entered, that’s when your divorce is official (as of the effective date). FL-180 and FL-170 must be consistent: e.g., if FL-170 says “approve the written agreement,” FL-180 should say “Judgment is pursuant to written agreement attached.” If FL-170 says “terminate spousal support for Respondent,” FL-180 should have that in the orders.
• FL-190 (Notice of Entry of Judgment): After the judge signs the judgment (FL-180), the clerk will prepare Form FL-190 and mail it to both parties. This form just states that judgment was entered on X date, and it will list the date marital status ends (which is often the same or later if the 6 months weren’t up at signing). It’s basically the cover letter for your final divorce decree. FL-170 doesn’t directly interact with FL-190 (you don’t fill out FL-190 yourself; the court does), but it’s good to know what it is.
• Other related forms (FL-130, FL-144, FL-157, FL-342, FL-343, etc.): There are many attachment forms. FL-170 is like the skeleton key that ensures all required issues are addressed either on the form or via attachments. For example, FL-343 is an order on spousal support that might be attached to the judgment. FL-341 is details on custody and visitation. You might have multiple attachments if your case involves those topics. FL-170 basically should “speak” to each of those: i.e., item 6 refers to custody orders (FL-341), item 7 refers to child support (FL-342), item 8 refers to spousal support (FL-343 or FL-157), etc.

In summary, FL-170 is unique because it’s not initiating anything or itself ordering anything – it’s confirming that all the pieces are in place for the divorce to be finalized. It works in conjunction with the petition (start of case) and the judgment (end of case), and it relies on various supporting forms filed along the way. Understanding each form’s role helps ensure you don’t miss one in your divorce puzzle.

FAQs: Frequently Asked Questions about FL-170

Q: Is Form FL-170 required in every California divorce?
A: No. FL-170 is required for divorces finalized by default or uncontested agreement. If your divorce goes to trial (contested), the judgment is based on the court’s decision and FL-170 isn’t used.

Q: Do both spouses need to sign the FL-170 form?
A: No. Only one party (usually the petitioner) fills out and signs FL-170. It’s that person’s declaration to the court. The other spouse does not sign this form, even if the divorce is uncontested.

Q: Should I file FL-170 with my final judgment paperwork?
A: Yes. You must submit FL-170 along with your proposed Judgment (FL-180) and other required forms when asking the court to finalize an uncontested or default divorce. It’s a mandatory part of the judgment packet.

Q: Do I have to serve FL-170 on my spouse?
A: No. FL-170 is filed with the court, not served on the other party. In a default case, the other spouse isn’t participating. In an uncontested case, both spouses are already in agreement, so formal service of this declaration isn’t necessary.

Q: Is an Income and Expense Declaration (FL-150) needed with FL-170?
A: Yes – if you are requesting any financial orders like child support, spousal support, or attorney’s fees and a current FL-150 isn’t on file, you need to include a completed FL-150. If no support or fees are involved (and none was requested), an updated FL-150 may not be required.

Q: Can we waive the final financial disclosures in an uncontested divorce?
A: Yes. Both parties can waive the final declaration of disclosure by signing a Stipulation and Waiver of Final Disclosure (Form FL-144) or including a mutual waiver in your written settlement. This is valid as long as you both exchanged preliminary disclosures earlier.

Q: Does FL-170 need to be notarized?
A: No. FL-170 is signed under penalty of perjury but does not require a notary. Your signature on the form is sufficient for the court, as you are declaring the truth of the contents under oath by signing.

Q: Can I finish my divorce without going to court in person?
A: Yes. If your case is uncontested or a true default, you can typically complete the process by paperwork. By filing FL-170 and the judgment documents, you request the judge to finalize the divorce without a hearing, under Family Code §2336.

Q: What’s the difference between FL-170 and FL-180?
A: FL-170 is a declaration telling the court everything is set for judgment (it’s basically your testimony on paper), whereas FL-180 is the actual Judgment form that, once signed by the judge, legally ends the marriage and lays out the orders. You prepare both together for a default or uncontested divorce.

Q: How long does it take after submitting FL-170 for the divorce to be final?
A: It varies. The earliest a divorce can be final is 6 months from the date the respondent was served (that’s the minimum waiting period by law). If you’ve met that timeline, the court could enter the judgment within a few weeks of reviewing your FL-170 and judgment packet. If the 6 months isn’t over when you submit, the judgment will be held and entered when it is. Processing times also depend on the county’s workload – always follow up if it seems to be taking too long.