Form FL-170 is the Declaration for Default or Uncontested Dissolution or Legal Separation that you file with the California Superior Court when you want a judge to grant your divorce, legal separation, or nullity without a courtroom trial. You fill out FL-170 to swear under penalty of perjury that the information in your judgment papers is true, that you have followed every disclosure rule, and that the court can sign your final judgment based on the paperwork alone.
According to the California Courts Self-Help Center, more than 70% of California divorces end by default or uncontested judgment, which means FL-170 is one of the most filed final-step forms in the state’s family law system. Skipping a single checkbox on this form is the top reason clerks reject judgment packets, and a rejection can delay your divorce by 60 to 120 days.
Here is what you will learn in this guide:
- 📋 How to complete every line and checkbox on the current Judicial Council form FL-170
- ⚖️ The legal difference between a true default, a default with a written agreement, and an uncontested case
- 🧾 Which companion forms (FL-130, FL-140, FL-141, FL-150, FL-160, FL-180, FL-190) you must attach and why
- 👨👩👧 Real-world named examples for child support, spousal support, and high-asset divorces
- 🚫 The most common filing mistakes and how to avoid a clerk rejection that resets your six-month waiting clock
What Form FL-170 Actually Does
Form FL-170 is the sworn declaration that lets a California family court enter your final judgment on the paperwork, with no hearing. The form is authorized by California Family Code § 2336 and California Rules of Court, Rule 5.407. When you sign it, you are telling the judge, under penalty of perjury, that every fact in your proposed judgment is correct and that the court has the legal power to end your marriage.
The plain-English purpose is simple. The form replaces live testimony. Instead of standing in front of a judge and answering questions, you put your answers on paper. The consequence of leaving a section blank is that the clerk will reject your judgment packet and mail it back, sometimes weeks later, which delays your divorce and can push your final date past the mandatory six-month waiting period set by Family Code § 2339.
A common misconception is that FL-170 is the judgment itself. It is not. The actual judgment is Form FL-180. FL-170 is the cover declaration that supports FL-180. Think of FL-170 as the sworn affidavit that unlocks the judge’s signature on FL-180.
For a real example, picture Maria Chen in Sacramento County. Maria filed her Petition (FL-100) in January, served her spouse, and her spouse never answered. In July, Maria mails the court a packet with FL-170, FL-180, FL-141, FL-190, and an envelope. The clerk reviews FL-170, sees every box is correct, and routes the file to the judge. The judge signs FL-180, and Maria is divorced without ever stepping into a courtroom.
Who Must File FL-170
Any petitioner (or sometimes the respondent) seeking a final judgment by default or uncontested process must file FL-170. This includes spouses ending a marriage and registered domestic partners ending a partnership under the Domestic Partner Rights and Responsibilities Act.
If you go to a contested trial, you do not file FL-170. Trials end with a judge signing FL-180 after testimony. The consequence of filing FL-170 in a contested case is that the clerk returns it as the wrong form. A common misconception is that FL-170 is needed in every divorce. It is only needed when you want judgment without a courtroom hearing.
For example, Jamal Robinson in Alameda County had a contested custody trial. He did not file FL-170. His lawyer instead submitted a proposed FL-180 after the judge ruled from the bench. The judge signed it the same day.
The Three Pathways FL-170 Covers
FL-170 handles three distinct procedural tracks, and each one has its own checkboxes on page 1. You must pick exactly one pathway. Picking the wrong one is a top-five clerk rejection reason in Los Angeles County Superior Court.
True Default (No Agreement)
A true default happens when your spouse was served, never filed a Response (FL-120), and you have no written settlement agreement. You ask the judge to grant only what you put in your original petition. The legal authority is California Code of Civil Procedure § 585.
The plain-English meaning is that the silent spouse loses the right to contest. The consequence is strict: the judge can only grant the relief you asked for in FL-100. If you forgot to ask for spousal support in your petition, the judge cannot award it now. A real example is Priya Patel in Santa Clara County, who forgot to check the spousal support box in FL-100. Her true default judgment had to be silent on spousal support, and she lost the right to ever ask for it later.
A common misconception is that you can add new requests at the default stage. You cannot. The relief is locked at the petition.
Default With Written Agreement
This pathway applies when the respondent never filed a response, but the spouses still signed a written Marital Settlement Agreement (MSA). You attach the MSA to your judgment, and FL-170 confirms both spouses signed it.
The consequence of choosing this path is that the judge can incorporate every term of the MSA into the judgment, even items not requested in the original petition. This pathway is faster than reopening the default. A common misconception is that an MSA without notarized signatures is enough. Most counties, including San Diego, require notarization or an FL-141 declaration confirming exchange of disclosures.
For example, Carlos Ramirez in Riverside County signed an MSA with his wife at a mediation center. Even though she never filed a response, the judge accepted the MSA because both signatures were notarized.
Uncontested Case
An uncontested case means the respondent did file a response, but the parties later agreed on every issue. Both sides sign the judgment, and FL-170 confirms there is no need for a trial. The legal anchor is California Rules of Court, Rule 5.411.
The consequence of this pathway is that both signatures are required on FL-180. Missing one signature is an automatic rejection. A common misconception is that uncontested means easy. It still requires complete financial disclosures under Family Code § 2104.
For example, Aisha Williams in Orange County and her husband each filed petitions and responses, then agreed on a 50/50 custody split. They filed FL-170, FL-180, and a stipulated parenting plan, and the judge entered judgment in 30 days.
Line-by-Line Walkthrough of FL-170
This is the heart of the article. Each numbered item on the current FL-170 has a specific purpose, a consequence for getting it wrong, and a real example. Work through them in order.
Caption and Case Information
At the top of FL-170, fill in your name, address, phone number, email, and the name of the court. Match this caption exactly to your FL-100. The consequence of a mismatch, even a typo in the case number, is that the clerk cannot match the form to your file and rejects the packet.
A real example is Daniel Park in Contra Costa County, who wrote his case number as D-23-4567 on FL-100 but D23-4567 on FL-170. The clerk rejected the packet for “case number mismatch.” A common misconception is that minor punctuation does not matter. It does. Court intake software is literal.
Item 1: Declaration Type
Item 1 asks you to check whether you are filing under default, default with agreement, or uncontested. Pick exactly one. The consequence of leaving it blank is automatic rejection under Rule 5.405.
The plain-English explanation is that this single checkbox tells the clerk which intake stack your packet belongs in. A common misconception is that checking two boxes covers your bases. It does not, it triggers rejection.
For example, Sofia Nguyen in San Francisco County checked both “default” and “uncontested” because she was unsure. The clerk rejected the packet, and she had to refile, losing 28 days.
Item 2: Address and Service
Item 2 confirms whether the address of the respondent is known. If known, list it. If unknown, attach a due diligence declaration. The consequence of skipping due diligence is that the judge cannot confirm proper service.
A real example is Brian Lee in Sonoma County, whose wife had moved to Mexico. He filed an FL-170 with a due diligence declaration showing skip-trace results. The judge accepted service by publication.
Item 3: Testimony Waiver
Item 3 confirms you waive your right to give live testimony and ask the court to decide on the papers. This is required by Family Code § 2336(c). The consequence of not checking this is that the clerk treats your case as still needing a hearing, which can mean a six-month delay in some counties.
A common misconception is that you can skip Item 3 if you have an MSA. You cannot. The waiver is universal.
Item 4: Default Entry
Item 4 confirms that a Request to Enter Default (FL-165) was filed and entered. The consequence of skipping FL-165 is fatal: no default, no FL-170. You must file FL-165 first or in the same packet.
For example, Elena García in Kern County tried to file FL-170 without FL-165. The clerk rejected it, and she had to wait another three weeks for FL-165 to be entered.
Item 5: Military Status
Item 5 asks whether the respondent is in the military. Active-duty service members are protected by the Servicemembers Civil Relief Act, 50 U.S.C. § 3901. The consequence of falsely declaring non-military status is that the judgment can be set aside for up to one year after service ends.
A real example is Marcus Bell in San Diego County, whose wife was in the Navy. He filed an SCRA declaration showing she had been notified and waived her rights in writing.
Item 6: Child Custody and Visitation
Item 6 covers minor children. You must list each child’s name, age, and residence for the last five years under the UCCJEA.
The consequence of skipping the five-year history is that the judge cannot confirm jurisdiction over custody. A common misconception is that custody only matters if there is a dispute. It matters in every case with minor children.
For example, Jasmine Taylor in Fresno County listed her two children’s addresses for the past five years, including a brief stay with grandparents. The judge confirmed jurisdiction and entered the parenting plan.
Item 7: Child Support
Item 7 confirms that child support follows the California guideline calculator under Family Code § 4055. You must attach an FL-150 Income and Expense Declaration for each parent (or just yours in a true default).
The consequence of below-guideline support without the proper findings on FL-342 is rejection. A common misconception is that parents can simply agree to zero child support. They cannot, without the four findings required by Family Code § 4065.
Item 8: Spousal Support
Item 8 confirms whether spousal support is requested, reserved, or waived. The consequence of waiving spousal support is permanent: you can never come back and ask for it. A common misconception is that you can revisit the waiver later. You cannot, unless the judgment expressly reserves jurisdiction.
For example, Robert Kim in Ventura County waived spousal support in his FL-170. Two years later, he lost his job and tried to ask for support. The court denied his request because the waiver was final.
Item 9: Property and Debts
Item 9 confirms how community property and debts are divided. You must attach an FL-160 Property Declaration listing every asset and debt. The consequence of omitting an asset is that it remains undivided community property under Family Code § 1101 and your ex can sue for half later.
A real example is Linda Chen in Marin County, who forgot to list a brokerage account worth $80,000. Five years later, her ex-husband sued under § 1101 and won half plus attorney fees. The court ruling in In re Marriage of Rossi (2001) 90 Cal.App.4th 34 confirmed that hidden assets can be awarded 100% to the non-hiding spouse.
Item 10: Attorney Fees
Item 10 confirms whether attorney fees are requested. The consequence of leaving this blank when you want fees is waiver. A common misconception is that fees can be added after judgment. They generally cannot, unless reserved under Family Code § 2030.
Item 11: Disclosures
Item 11 confirms that the petitioner served the preliminary declaration of disclosure (FL-140) and any final declaration (FL-141). Failure to serve disclosures is grounds for setting aside the judgment under Family Code § 2107.
For example, Tariq Hassan in Santa Barbara County filed his FL-170 without FL-141. The judge denied the judgment until he served disclosures and refiled.
Item 12: Name Change
Item 12 lets a spouse restore a former name under Family Code § 2080. The consequence of skipping it is that you must later file a separate name-change petition costing $435 and taking months.
Item 13: Other Orders
Item 13 is a catch-all for any other order requested in the petition. The consequence of leaving it blank when you wanted other orders is waiver of those orders.
Item 14: Signature Under Penalty of Perjury
Item 14 is the signature line. You sign under penalty of perjury per California Code of Civil Procedure § 2015.5. The consequence of false statements is criminal perjury liability and judgment set-aside.
A common misconception is that an electronic signature is invalid. Most counties accept e-signatures under Government Code § 16.5.
Companion Forms You Must Attach
FL-170 never travels alone. Each companion form has a specific role, and missing any one of them triggers rejection.
| Form | Purpose |
|---|---|
| FL-130 | Appearance, Stipulations, and Waivers |
| FL-140 | Preliminary Declaration of Disclosure |
| FL-141 | Declaration Re Service of Disclosures |
| FL-150 | Income and Expense Declaration |
| FL-160 | Property Declaration |
| FL-165 | Request to Enter Default |
| FL-180 | Judgment |
| FL-190 | Notice of Entry of Judgment |
| FL-192 | Notice of Rights and Responsibilities (child support cases) |
| FL-435 | Earnings Assignment Order |
The plain-English meaning is that FL-170 is the cover, and each attached form proves a specific fact. The consequence of missing FL-141, for example, is that the disclosure box on FL-170 cannot be truthfully checked. A common misconception is that FL-180 is enough on its own. It is not.
For example, Hannah Olsen in Placer County filed FL-170 and FL-180 but forgot FL-190. The clerk could not enter judgment because there was no notice form, and the packet was returned.
Three Most Common Scenarios
These three scenarios cover roughly 85% of FL-170 filings statewide, based on Judicial Council caseload data.
Scenario 1: True Default With Minor Children
| Filing Step | Result for the Filer |
|---|---|
| Petitioner files FL-100 with full custody, support, and property requests | Sets the ceiling for what the judge can award |
| Respondent fails to answer within 30 days | Petitioner files FL-165 to enter default |
| Petitioner serves FL-140 and files FL-141 | Confirms disclosure requirement is met |
| Petitioner files FL-170, FL-180, FL-190, FL-150, FL-192 | Judge reviews and signs FL-180 |
| Six-month waiting period elapses | Marital status terminates |
Scenario 2: Default With Marital Settlement Agreement
| Filing Step | Result for the Filer |
|---|---|
| Spouses sign a notarized MSA | Locks in property, support, and custody terms |
| Respondent does not file FL-120 | Petitioner files FL-165 |
| Petitioner files FL-170 with MSA attached | Judge incorporates MSA into FL-180 |
| Both spouses receive FL-190 | Judgment is binding and final |
Scenario 3: Uncontested With Both Sides Filed
| Filing Step | Result for the Filer |
|---|---|
| Petitioner files FL-100, respondent files FL-120 | Both spouses are in court |
| Spouses negotiate and sign stipulated judgment | All terms agreed in writing |
| Both file FL-170 and FL-180 with signatures | No hearing needed |
| Judge signs and clerk issues FL-190 | Marriage terminates after waiting period |
Three Named-Person Examples
Real fact patterns help you see how FL-170 works in practice.
Example 1 — Olivia Martinez in San Bernardino County. Olivia filed for divorce in March 2025 with two children. Her husband never answered. In September, she filed FL-170 with FL-165, FL-180, FL-141, FL-150, FL-190, and FL-192. The judge signed her judgment in 21 days. Her child support followed the statewide guideline, and her name was restored under Family Code § 2080.
Example 2 — Kenji Watanabe in Santa Clara County. Kenji and his wife signed an MSA at a mediation session. She never filed FL-120. Kenji filed FL-170 with the MSA attached, plus FL-165, FL-180, FL-141, and FL-190. The judge incorporated the MSA, including a $1,200 monthly spousal support order, into FL-180.
Example 3 — Rachel Goldberg in Los Angeles County. Rachel and her husband each filed petitions and responses, then agreed on every issue. They filed a stipulated FL-180 and FL-170. The judge entered judgment in 18 days, the fastest path in LA Superior Court family law.
Mistakes to Avoid When Filing FL-170
Avoiding these errors keeps your judgment on track and saves you weeks of delay.
- Mismatched case caption. Even one digit off triggers rejection. The negative outcome is a packet returned by mail and weeks lost.
- Skipping FL-141. Without proof of disclosure, the judge cannot enter judgment under Family Code § 2107.
- Checking two pathways on Item 1. This makes the form internally inconsistent and is auto-rejected.
- Below-guideline child support without the four findings. The clerk will reject this under Family Code § 4065.
- Failing to attach FL-160 in property cases. Property awards without a property declaration are unenforceable.
- Waiving spousal support without understanding it is permanent. Once waived, it is gone forever.
- Forgetting FL-190. Without it, the clerk cannot mail notice of entry of judgment.
- Filing before the FL-165 default is entered. The clerk cannot accept FL-170 without an entered default in true-default cases.
- Missing the SCRA declaration when the spouse is military. This can void the judgment for up to a year.
- Not signing under penalty of perjury. An unsigned FL-170 is treated as not filed.
Do’s and Don’ts of FL-170
These quick rules save you from the most common rejections and set-asides.
- Do match every caption, case number, and party name to your FL-100, because court systems index by exact match.
- Do attach every required companion form, since the Judicial Council checklist treats missing forms as fatal.
- Do serve preliminary disclosures before you file FL-170, because the disclosure box requires a true statement.
- Do use the most current revision of FL-170, because outdated forms are rejected by clerks.
- Do keep a stamped copy for your records, since you may need it for refinancing, immigration, or remarriage.
- Don’t sign FL-170 until every other form is finalized, because signing locks in your sworn statements.
- Don’t check pathway boxes you do not understand, because each one has different legal consequences.
- Don’t file FL-170 in a contested trial case, because trials use a different judgment process.
- Don’t waive spousal support unless you are certain, because the waiver is irrevocable.
- Don’t skip the UCCJEA five-year history when minor children are involved, since it is a jurisdictional requirement.
Pros and Cons of Using FL-170
Choosing the FL-170 default or uncontested route has real advantages and trade-offs.
- Pro: No courtroom hearing required, saving time and stress for self-represented filers.
- Pro: Filing fees are limited to the original $435 to $450 petition fee, with no additional hearing cost.
- Pro: Judgment can be entered in 30 to 60 days after the six-month waiting period, much faster than a trial calendar.
- Pro: Privacy is preserved because there is no oral testimony in open court.
- Pro: The process accommodates absent or non-responsive spouses through default.
- Con: A true default locks the relief to whatever was requested in FL-100, with no chance to add new requests.
- Con: Mistakes on the form cause clerk rejections that can delay the case by months.
- Con: Spousal support waivers are permanent and irreversible.
- Con: Property omissions can lead to lawsuits years later under Family Code § 1101.
- Con: Without an attorney, complex assets like pensions and businesses can be miscounted, leading to costly post-judgment litigation.
Key People, Places, and Concepts
Several entities work together to make FL-170 function within the California family law system.
- The Judicial Council of California drafts and revises FL-170 and related forms, ensuring statewide consistency.
- The Superior Court of California in each county is where you file and where judges sign FL-180.
- The California Department of Child Support Services enforces child support orders and provides the guideline calculator.
- The California Family Code sets the substantive rules that FL-170 implements.
- The California Rules of Court, Title 5 sets the procedural rules for family law forms.
Recap of Relevant Court Rulings
A few California appellate decisions have shaped how FL-170 and its underlying disclosures are enforced.
In In re Marriage of Rossi (2001) 90 Cal.App.4th 34, the court awarded 100% of a hidden lottery prize to the non-hiding spouse, confirming the harsh consequences of property omissions on FL-160 and FL-170. The case is a warning that hiding assets is far worse than disclosing them.
In In re Marriage of Steiner & Hosseini (2004) 117 Cal.App.4th 519, the court emphasized that final declarations of disclosure cannot be waived in default cases without strict compliance, reinforcing the importance of FL-141.
In In re Marriage of Jones (1987) 195 Cal.App.3d 1097, the court reaffirmed that spousal support waivers must be clear, voluntary, and informed, which is why Item 8 of FL-170 must be carefully checked.
FAQs
Is FL-170 required in every California divorce?
No. It is required only in default, default-with-agreement, and uncontested cases. Contested trials end with FL-180 alone, signed by the judge after testimony, and do not need FL-170 as a cover declaration.
Can I file FL-170 online in California?
Yes. Most counties accept electronic filing through approved providers like One Legal or File & ServeXpress. Always confirm your county’s e-filing rules before submitting.
Do I need FL-170 if my spouse and I both signed an MSA?
Yes. Even with a notarized MSA, FL-170 is the sworn cover declaration that asks the judge to incorporate the MSA into the final FL-180 judgment.
Will the judge call me into court after I file FL-170?
No. That is the entire point of FL-170, you waive live testimony. The judge decides on the papers, and you receive notice via FL-190 by mail.
Can I change my FL-170 after filing it?
Yes. You can withdraw and refile a corrected FL-170 before the judge signs FL-180. After signing, you must use a motion to set aside under Family Code § 2122.
Is FL-170 the same as the divorce judgment?
No. FL-170 is the sworn declaration in support of judgment. The actual judgment is FL-180, signed by the judge.
Do I need an attorney to file FL-170?
No. Many self-represented filers complete FL-170 successfully using the California Courts Self-Help Center, but complex cases benefit from professional review.
Can I waive spousal support permanently on FL-170?
Yes. Item 8 allows a complete waiver, but the waiver is final and cannot be reopened later, so consider it carefully before signing.
Does FL-170 work for legal separation and nullity?
Yes. The form covers dissolution, legal separation, and nullity proceedings, and you check the correct box at the top to indicate your case type.
How long after filing FL-170 will my divorce be final?
Yes, there is a clear timeline. Judgment is typically entered within 30 to 60 days of filing, but marital status only terminates after the six-month waiting period from the date the respondent was served.
Can I file FL-170 if my spouse is in another country?
Yes. You can, but you must show valid international service under the Hague Service Convention and attach a due diligence declaration.
Does FL-170 require a filing fee?
No. There is no separate fee for FL-170 itself, since the original $435 to $450 petition fee covers the entire case through judgment.
Related reading
- How to Fill Out California FL-170 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs
- How to Fill Out California Form FL-130 (w/Examples) + FAQs
- How to Fill Out California Form FL-165 (w/Examples) + FAQs
- How to Fill Out California Form FL-180 (w/Examples) + FAQs
- How to Fill Out California Form FL-820 (w/Examples) + FAQs