You finalize a default divorce in California by filing Form FL-165, the Request to Enter Default, once your spouse fails to file a Response within 30 days of being served. The form tells the court your spouse is out of time, lets the clerk enter their default, and unlocks your path to a judgment under California Family Code § 2335.5.
Filing FL-165 wrong is the single biggest reason California family law judgments get rejected at the clerk’s window or set aside months later. According to the Judicial Council of California’s 2024 Court Statistics Report, more than 60% of the roughly 150,000 family law dissolutions filed each year in California involve at least one self-represented party, and default judgments make up a large share of those filings.
Here is what you will learn in this guide:
- 📝 How to fill out every line of FL-165 the way California clerks accept it
- ⚖️ The legal difference between a true default and a default with agreement
- 🧾 The exact companion forms (FL-115, FL-140, FL-150, FL-160, FL-180) you must file with FL-165
- 🚫 The seven most common mistakes that cause clerk rejection or set-aside motions
- 👨👩👧 Real named examples covering dissolution, parentage, military spouses, and uncontested settlements
What Form FL-165 Is and When You Use It
Form FL-165 is the official Judicial Council Request to Enter Default used in California family law cases. You file it after the petitioner serves the respondent with the Summons (FL-110) and Petition, and the respondent does nothing within the 30-day window set by Family Code § 2020. The form moves the case from a contested track to an uncontested track so a judge can sign the judgment without a trial.
You use FL-165 in four California family law case types: dissolution of marriage, dissolution of a registered domestic partnership, legal separation, and nullity. You also use it in parentage cases brought under the Uniform Parentage Act, codified at Family Code § 7600, when an alleged parent fails to respond to a Petition to Establish Parental Relationship (FL-200). The same form covers all of these case types because the Judicial Council standardized default practice in California Rules of Court, Rule 5.401.
The plain-English meaning of default is that your spouse gave up their right to be heard by ignoring the lawsuit. The consequence of an entered default is severe because the court can grant only what you asked for in your petition, no more and no less, under Code of Civil Procedure § 580. A real-world example is Maria, who served her husband on March 1; when he did nothing by April 1, she filed FL-165 and got a default entered on April 5. A common misconception is that a default ends the marriage on its own, but the marital status only terminates after the judge signs the Judgment (FL-180) and the six-month-and-one-day waiting period in Family Code § 2339 runs out.
True Default vs. Default With Agreement
A true default means your spouse never responded and there is no written agreement between you. The court grants what you asked for in your petition, and your spouse loses the right to receive most future filings. The danger of a true default is that you cannot later add anything you forgot to request, such as spousal support or attorney fees, because Family Code § 2024.5 and CCP § 580 lock you in.
A default with agreement, sometimes called an uncontested default, happens when your spouse does not file a formal Response but signs a written marital settlement agreement. You still file FL-165, but you check a different box and attach the signed agreement to your judgment package. The benefit is flexibility because the agreement can include terms your petition never requested. The trap is that both parties must exchange Preliminary Declarations of Disclosure under Family Code § 2104, and skipping that step can void the whole judgment.
Federal Law Foundations Before You File
Federal law sits on top of every California default. The Servicemembers Civil Relief Act, 50 U.S.C. § 3931, forbids any default against an active-duty military member without first filing a sworn statement about the respondent’s military status. California incorporates this rule directly into FL-165 at item 6, and skipping it gets your default rejected on the spot.
Federal due process under the Fourteenth Amendment also requires proper service of process before a default can stand. The U.S. Supreme Court in Mullane v. Central Hanover Bank, 339 U.S. 306 (1950), held that notice must be reasonably calculated to reach the defendant. If your service was sloppy, the federal due process clause can wipe out your California default years later.
The Indian Child Welfare Act, 25 U.S.C. § 1901, can also affect a parentage default if the child may be a member of a federally recognized tribe. The consequence of ignoring ICWA is a void judgment that any tribe can challenge at any time. A common misconception is that ICWA only applies to adoption, but California courts apply it to any custody decision, including default parentage orders.
Line-by-Line Walkthrough of FL-165
Every box on FL-165 has a purpose, and California clerks reject forms that skip even one required line. The form is two pages long and is split into a caption, six numbered items, a signature block, and a clerk’s certificate. You should download the most current version from the Judicial Council forms portal because older versions are routinely rejected.
Caption Block
The caption sits at the top of page one and asks for your name, address, phone, email, the court’s name and street address, the parties’ names, and the case number. You must match every word to your original Petition (FL-100) because mismatched names trigger automatic rejection. The consequence of a wrong county or branch address is that the clerk will not even file-stamp the form.
A real-world example is David, who moved after filing his petition. He listed his new address on FL-165 but forgot to also file a Notice of Change of Address (MC-040). The clerk accepted FL-165, but the default judgment came back unsigned because the file addresses did not match. A common misconception is that the caption is just paperwork, but California treats it as a sworn representation of party identity.
Item 1 — Default Entry Request
Item 1 is the heart of the form. You ask the clerk to enter the default of your spouse and you check whether you want default entered against a respondent or a claimant in a parentage case. You must list the date your spouse was served and the method of service, which must match the Proof of Service of Summons (FL-115) already in the file.
The consequence of a wrong service date is fatal because the clerk counts 30 days from that date, plus any added time for out-of-state service under CCP § 1013. A real-world example is Jasmine, who served her husband by mail in Nevada; she had to add 10 days to the 30-day clock, so she could not file FL-165 until day 41. A common misconception is that the day of service counts as day one, but California uses CCP § 12 to exclude the day of the act and include the last day.
Item 2 — Mailing Copy to Defaulted Party
Item 2 requires you to declare that you mailed a copy of FL-165 to your spouse at their last known address, or to explain why mailing is not possible. California Rule of Court 3.1800 and CCP § 587 require this courtesy mailing so the defaulted party knows the case is closing.
The consequence of skipping the mailing is that the clerk will reject the form, even if your spouse is hiding. A real-world example is Carlos, whose wife left no forwarding address; he attached a sworn declaration explaining his diligent search and the clerk accepted it under the due diligence exception. A common misconception is that you can skip mailing if your spouse has been violent, but you must instead use a confidential address through the Safe at Home program.
Item 3 — Declaration of Non-Military Status
Item 3 implements the federal SCRA. You must declare under penalty of perjury whether your spouse is in active military service. If they are, you must request the appointment of counsel before any default can be entered.
The consequence of a false statement is a federal felony plus automatic vacatur of the judgment. A real-world example is Aisha, whose estranged husband joined the Army Reserve; she ran a free SCRA status check on the Department of Defense Manpower Data Center before checking the not in military service box. A common misconception is that the National Guard does not count, but federalized Guard service triggers SCRA protection.
Item 4 — Declaration Re Default Judgment
Item 4 asks whether you are also asking the court to enter a default judgment at the same time. You almost always check no because California requires the additional Declaration for Default or Uncontested Dissolution (FL-170) and the Judgment (FL-180) packet to be filed separately or together as a complete bundle.
The consequence of checking yes without the bundle is a clerk rejection. A real-world example is Ethan, who checked the box but forgot the FL-170; his FL-165 came back stamped rejected — incomplete judgment package. A common misconception is that the default and the judgment are the same event, but California separates them by design so the court has time to review what you asked for.
Item 5 — Memorandum of Costs
Item 5 lets you list the filing fees and service costs you want reimbursed. You must itemize each cost and total them, attaching a Memorandum of Costs (MC-010) if costs exceed a single line. The consequence of skipping costs is that you waive the right to collect them later.
A real-world example is Priya, who paid the first-appearance filing fee under Government Code § 70670 and a process server $85; she listed both on item 5 and got reimbursed in the judgment. A common misconception is that costs include attorney fees, but FL-165 covers only out-of-pocket court costs.
Item 6 — Declaration of Mailing
Item 6 is the proof that you completed item 2. You sign under penalty of perjury that you placed a copy of FL-165 in the mail to your spouse on a specific date. The consequence of an unsigned item 6 is automatic rejection.
A real-world example is Kenji, who mailed the form but forgot to sign item 6; the clerk returned it the same day. A common misconception is that a process server can sign for you, but only the petitioner or someone with personal knowledge of the mailing may sign.
Companion Forms You Must File With FL-165
FL-165 almost never travels alone. California requires a complete default judgment package under Rule of Court 5.405. Missing any required companion form is the second-largest cause of rejection.
The package usually includes the FL-115 Proof of Service, the FL-141 Declaration Regarding Service of Disclosure, the FL-160 Property Declaration when assets are involved, the FL-170 Declaration for Default, and the FL-180 Judgment with a Notice of Entry of Judgment (FL-190). If children are involved, add the FL-105/GC-120 UCCJEA Declaration, the FL-341 Custody Order, and a FL-192 Child Support Notice.
The consequence of skipping the disclosures is severe because Family Code § 2107(d) lets the court set aside any judgment entered without proper disclosure. A real-world example is Robert, who served his wife and entered her default but never served his Preliminary Declaration of Disclosure; two years later she moved to set aside the judgment and won. A common misconception is that you can waive disclosures in a true default, but only the receipt can be waived by the defaulted party, never the service by the petitioner.
Three Most Common FL-165 Scenarios
Different fact patterns produce different outcomes. The three scenarios below cover the cases California courts see most often.
Scenario 1: Spouse Ignored the Petition Entirely
| Step You Take | Court Result |
|---|---|
| Serve spouse personally on Day 1 | 30-day response clock starts under FC § 2020 |
| Wait until Day 31 with no Response | Spouse is now in default |
| File FL-165 with FL-115 already on file | Clerk enters default same day |
| File FL-170, FL-180, FL-190, and disclosures | Judge signs judgment 6+ months after service |
Scenario 2: Spouse Signed a Settlement Agreement
| Step You Take | Court Result |
|---|---|
| Both spouses sign a written MSA | No Response is filed |
| Petitioner files FL-165 marking default with agreement | Default entered with MSA attached |
| Both exchange FL-140/FL-142/FL-150 disclosures | Disclosure requirement satisfied |
| File FL-180 with MSA incorporated | Judge approves and signs |
Scenario 3: Active-Duty Military Spouse
| Step You Take | Court Result |
|---|---|
| Serve spouse and confirm active-duty status | SCRA protection triggers |
| File FL-165 disclosing military status | Clerk refuses to enter default |
| Request appointment of counsel under 50 U.S.C. § 3931 | Court appoints attorney for absent servicemember |
| Attorney files Response or stipulates | Case proceeds on uncontested or contested track |
Named Real-World Examples
Example 1 — Sofia in Los Angeles County. Sofia filed for dissolution in Stanley Mosk Courthouse and served her husband on January 10. He never responded, so she filed FL-165 on February 12. She attached her FL-115, mailed a copy to her husband’s last known apartment, and added $435 in costs on item 5. The clerk entered default the same day, and her judgment was signed in August.
Example 2 — Marcus in San Diego County. Marcus and his wife agreed on everything but she refused to file a Response because she did not want to pay her own filing fee. They signed a marital settlement agreement, exchanged full FL-140 disclosures, and Marcus filed FL-165 marked default with agreement. The San Diego Superior Court family law clerk accepted the package and the judge signed in 90 days.
Example 3 — Lin in Alameda County. Lin filed a parentage petition under FL-200 against the alleged father of her son. He ignored the petition for 35 days, so Lin filed FL-165 along with the FL-235 Advisement and Waiver of Rights and the FL-250 Judgment Regarding Parental Obligations. The Alameda court entered default and set genetic testing under Family Code § 7551 before signing the parentage judgment.
Mistakes to Avoid
Even careful filers slip up on FL-165. Each mistake below has caused thousands of California rejections.
- Filing on day 30 instead of day 31. The 30-day clock excludes the day of service, so day 30 is still timely for the respondent. The consequence is automatic rejection.
- Forgetting to mail a copy. Skipping item 2 violates CCP § 587. The consequence is rejection plus a possible set-aside.
- Wrong military declaration. Checking not in military without verifying through the DMDC SCRA database can be perjury. The consequence is a federal crime and a void judgment.
- Skipping Preliminary Declarations of Disclosure. FC § 2104 requires service of FL-140, FL-142, and FL-150. The consequence is set-aside under FC § 2107(d).
- Asking for more than the petition requested. CCP § 580 caps relief at the petition. The consequence is the judge cuts the extra requests.
- Not filing FL-141. Without proof of disclosure service, the judgment cannot be entered. The consequence is a stalled case.
- Using an outdated form revision. California revises forms regularly; the current revision is dated January 1, 2024 or later. The consequence is rejection.
- Mismatched names between petition and FL-165. Spelling, middle initials, or maiden names must match. The consequence is delay.
- Failing to include child custody orders. When children are involved, FL-341 and UCCJEA forms are required. The consequence is an incomplete judgment.
Do’s and Don’ts
Do’s:
- Do verify the 30-day window using a calendar that excludes the day of service, because miscounting voids the default.
- Do run a free SCRA check on every respondent, because military status can hide.
- Do keep certified copies of FL-115 before filing FL-165, because the clerk cross-checks service.
- Do mail FL-165 to the last known address even if mail is returned, because the courtesy mailing is mandatory.
- Do file FL-141 alongside FL-165 when disclosures are complete, because the package moves faster.
Don’ts:
- Don’t ask for relief you did not request in the petition, because CCP § 580 forbids it.
- Don’t list a Post Office box as your spouse’s residence without explanation, because clerks treat that as defective service.
- Don’t sign item 6 before you actually mail the form, because that is perjury.
- Don’t forget the Notice of Entry of Judgment (FL-190), because without it the judgment is not noticed.
- Don’t confuse a default with a final judgment, because the marriage is not over until FL-180 is signed and FC § 2339 has run.
Pros and Cons of Filing FL-165
Pros:
- Pro: It moves a stalled case forward without trial, saving months of litigation time.
- Pro: It locks the respondent out of most future filings, which simplifies the record.
- Pro: It caps liability at what you requested in the petition, giving you predictability.
- Pro: It allows attachment of a marital settlement agreement, blending speed with flexibility.
- Pro: It costs nothing extra to file beyond the original first-appearance fee.
Cons:
- Con: You cannot add new requests later, so omissions are permanent.
- Con: A defective service or disclosure can void the judgment under FC § 2107.
- Con: The respondent can move to set aside under CCP § 473(b) for six months.
- Con: Fraud or perjury can trigger a FC § 2122 set-aside for up to one year.
- Con: SCRA protections can delay or block the default for active military respondents.
Set-Aside Risk and Key Court Rulings
A default is not bulletproof. California gives the defaulted spouse multiple paths to undo it.
The first path is CCP § 473(b), which allows a six-month set-aside for mistake, inadvertence, surprise, or excusable neglect. The California Court of Appeal in County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215 extended this protection where service was fraudulent. The consequence is that any defective service exposes your judgment to attack.
The second path is Family Code § 2122, which lists six grounds for set-aside, including fraud, perjury, duress, mental incapacity, and failure to disclose. The California Supreme Court in In re Marriage of Brewer & Federici (2001) 93 Cal.App.4th 1334 confirmed that breach of fiduciary duty in disclosure can void a default judgment.
The third path is In re Marriage of Kieturakis (2006) 138 Cal.App.4th 56, where the court emphasized that mediation confidentiality does not shield disclosure failures. The consequence is that even a default with agreement must rest on full FL-140 compliance. A common misconception is that signing a settlement waives disclosure; it does not.
County-Level Local Rules
California has 58 superior courts, and each can add local rules on top of the statewide forms. Los Angeles requires e-filing of FL-165 in most family law cases under Local Rule 3.4. San Diego requires a separate Family Law Case Cover Sheet for each filing. Alameda County asks for a self-addressed stamped envelope so the clerk can return conformed copies under Alameda Local Rule 5.5.
The consequence of ignoring local rules is that the clerk rejects an otherwise perfect FL-165. A real-world example is Hannah, who filed a paper FL-165 in Los Angeles when e-filing was mandatory; the clerk returned it without a file stamp. A common misconception is that the Judicial Council form overrides local rules, but the California Rules of Court 2.100 series lets each court add filing logistics.
Fees, Waivers, and Timing
The first-appearance fee in family law is set by Government Code § 70670 and runs about $435 to $450 depending on the county. The petitioner already paid this fee at filing, so FL-165 itself costs nothing to file. If you cannot afford the original fee, you can apply with a Request to Waive Court Fees (FW-001).
Timing is just as important as money. The 30-day response clock under FC § 2020 starts the day after personal service. The six-month-and-one-day waiting period under FC § 2339 starts the day the respondent is served, not the day the default is entered. The consequence is that a fast default does not equal a fast divorce; you still must wait the six months to terminate marital status.
A real-world example is Tom, who served his wife on March 1 and filed FL-165 on April 5. His earliest possible marital status termination date was September 2 of the same year. A common misconception is that filing FL-165 restarts the six-month clock, but California ties the clock to the date of service, not the date of default.
How FL-165 Interacts With Other Family Law Tracks
FL-165 is one of three ways to finish a California family law case. The other two are a contested judgment after trial and an uncontested judgment where both parties sign and file paperwork together. Each track has different forms and different timing.
In a contested case, both parties file pleadings, exchange discovery under California Code of Civil Procedure § 2016.010, and ultimately appear at trial. In a fully uncontested case, both spouses sign a Stipulated Judgment and skip FL-165 entirely. FL-165 sits between these tracks for cases where one spouse simply will not participate.
The consequence of choosing the wrong track is wasted filing fees and delay. A real-world example is Olivia, who filed FL-165 even though her husband had already filed a Response; the clerk rejected the form because no default was possible. A common misconception is that you can switch from a contested case to a default case if the other side stops responding mid-litigation; you cannot, because once a Response is filed, the default door closes under Rule of Court 5.401.
Frequently Asked Questions
Can I file FL-165 if my spouse filed a Response one day late?
No. Once any Response is on file, even one filed late, the clerk cannot enter default. You must instead negotiate, set the case for trial, or move to strike the late Response under CCP § 473.
Do I have to file FL-165 in person?
No. Most California superior courts now accept e-filing for FL-165, and Los Angeles, Orange, and Riverside counties require it. Check the California Courts e-filing portal for your county’s rules.
Is there a filing fee for FL-165?
No. California charges no separate fee to file FL-165 because the petitioner already paid the first-appearance fee under Government Code § 70670 when filing the original petition.
Can I get child custody and support through a default?
Yes. You can request custody, visitation, and child support in a default judgment, but only if those requests appeared in your original petition or amended petition served on the respondent.
Does a default end my marriage immediately?
No. A default only enters a procedural status; your marriage ends only when the judge signs the FL-180 judgment and the six-month waiting period under Family Code § 2339 has expired.
Can my spouse undo a default after I file FL-165?
Yes. Your spouse can move to set aside the default within six months under CCP § 473(b) or within one year under Family Code § 2122 for fraud, perjury, or non-disclosure.
Do I still need financial disclosures in a default case?
Yes. The petitioner must serve a Preliminary Declaration of Disclosure even in a true default; only the respondent’s receipt and final disclosure can be waived under Family Code § 2110.
Can I file FL-165 against an active-duty military spouse?
No. Federal law under 50 U.S.C. § 3931 blocks default against active-duty servicemembers until counsel is appointed and the SCRA protections are addressed in writing.
What if my spouse lives outside California?
Yes, you can still file FL-165 if you served them properly under CCP § 415.40, but you must add 10 days to the response clock for out-of-state mail service.
Can I include attorney fees in FL-165 item 5?
No. Item 5 covers court costs only, such as filing fees and service fees; attorney fees must be requested in the petition and supported by a separate FL-319 Request for Attorney’s Fees.
Is FL-165 used in domestic violence restraining order cases?
No. Restraining order cases use a different default procedure under Family Code § 6300 and the DV-100 series, not the FL-165 family law default form.
Can I use FL-165 if my spouse cannot be found?
Yes, but only after you obtain a court order for service by publication under CCP § 415.50 and the publication period plus 30 days has expired with no response.
Related reading
- How to Fill Out California Form FL-100 (w/Examples) + FAQs
- How to Fill Out California Form FL-117 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs
- How to Fill Out California Form FL-170 (w/Examples) + FAQs
- How to Fill Out California Form FL-190 (w/Examples) + FAQs
- How to Fill Out California Form FL-820 (w/Examples) + FAQs