Form FL-355 is California’s official Stipulation and Order template family law parties use to ask a judge to convert a written agreement into a binding court order without a contested hearing. You complete it by identifying the case, listing each agreed term in plain language inside item 5 (or attaching a typed addendum), signing in front of the other party, and submitting it to the clerk in the county where your case is filed under the California Rules of Court rule 5.125.
Roughly 70 percent of California family law cases settle by stipulation rather than trial, according to data published by the Judicial Council of California Court Statistics Report, which makes FL-355 one of the most-used post-judgment and pre-judgment tools in the state’s family courts. A small mistake on this one-page form can cost you months of re-filing, reopened discovery, or even a set-aside under Family Code section 2122.
Here is what you will learn in this guide:
- 📋 How to complete every line, box, and attachment on FL-355 with named examples
- ⚖️ How federal laws like ERISA and the USFSPA interact with your California stipulation
- 🧾 The 3 most common scenarios — custody, support, and property — with side-by-side tables
- 🚫 The 7+ mistakes that get stipulations rejected, set aside, or rendered unenforceable
- 💡 Pro tips, dos and don’ts, and county-specific filing nuances from Los Angeles to Alameda
What Form FL-355 Actually Does
Form FL-355 is the Judicial Council-approved Stipulation and Order that lets two parties in a family law case put their written agreement in front of a judge for signature. Once a judicial officer signs item 7, the document becomes a court order with the same force as one issued after a contested hearing under Code of Civil Procedure section 664.6. That single signature converts a private deal into something the sheriff, the Department of Child Support Services, and contempt powers can all enforce.
The form is designed to be flexible. You can use it to settle one narrow issue (like a single weekend visitation swap) or dozens of issues at once (custody, support, property, and attorney’s fees). It works in dissolution, legal separation, nullity, parentage, and domestic violence restraining order cases, although DV cases often require Form DV-130 instead.
The plain-English purpose is efficiency. Courts encourage stipulations because they reduce calendar congestion. The consequence of not using FL-355 when you have an agreement is that you must wait for a contested hearing, pay for additional appearances, and risk a judge imposing terms neither of you wanted. A common misconception is that FL-355 creates the agreement; it does not. The agreement exists the moment both parties sign — the form simply asks the court to bless it.
When FL-355 Is the Right Form
FL-355 is appropriate any time both parties (and their attorneys, if represented) sign off on terms and want a judge to enter them as orders. Typical triggers include a successful mediation under Family Code section 3170, a four-way settlement meeting, or a last-minute hallway deal on the morning of a hearing. The California Courts Self-Help Center recommends FL-355 for any uncontested change to an existing order.
The consequence of choosing the wrong form (for example, using FL-355 when a full judgment on FL-180 is required) is rejection by the clerk and lost filing fees in some counties. A real example: Maria, a self-represented mother in Sacramento, used FL-355 to try to enter her initial judgment of dissolution. The clerk rejected the package because dissolutions require FL-180, not FL-355, costing her three weeks. The misconception here is that any agreement can ride on FL-355; it cannot replace a judgment form.
When FL-355 Is the Wrong Form
You cannot use FL-355 to obtain a default, to enter the original judgment of dissolution, to file a complete marital settlement agreement as the judgment itself, or to bypass mandatory disclosures under Family Code sections 2104 and 2105. For those tasks you need FL-165, FL-180, or FL-170.
The consequence of misusing FL-355 is that the order, even if signed, can be vacated for lack of jurisdiction or for violating disclosure rules. In re Marriage of Hibbard and In re Marriage of Assemi both stand for the principle that stipulated orders entered without proper procedure are voidable. The misconception is that a judge’s signature cures all defects — it does not, because subject-matter jurisdiction cannot be waived by stipulation.
Line-by-Line Walkthrough of Form FL-355
The form is a single double-sided page with seven numbered sections plus a caption and a signature block. Every line has a purpose, and the official form instructions are silent on most nuances, which is why so many self-represented filers stumble. Below is a granular walkthrough that mirrors the order of the boxes as printed on the January 1, 2024 revision (still the current version as of May 2026).
Caption Block: Attorney, Court, and Case Information
The top of the form requests the attorney or party name, address, telephone, email, State Bar number (if any), and the role (Petitioner or Respondent). Use your current mailing address, because this is where the court and the other side will send notices under California Rules of Court rule 2.200. If you move, file Form MC-040 within 10 days.
The court name and street address must match the branch where the case was filed, not the county seat. The case number must be exact. A real example: Daniel, a paralegal in Alameda County, transposed two digits of the case number on FL-355 and the clerk filed it in a stranger’s case, requiring a nunc pro tunc correction motion. The misconception is that close-enough is fine; clerks scan by case number, and one wrong digit routes the document to the void.
The consequence of a wrong caption is delay, lost fees, and possible inadvertent disclosure of private information to a third party. Always double-check the case number against your most recent court order.
Item 1: Identification of the Parties
Item 1 asks for the names of the Petitioner, Respondent, and (in parentage cases) any Other Parent or Claimant. Names must match the operative pleading exactly. If your spouse changed her name during the marriage, use the name on the Petition (FL-100), not her current legal name.
The consequence of a name mismatch is that DCSS, the wage-assignment processor, or a title company may refuse to honor the order. A real example: Priscilla, a small-business owner in San Diego, listed her married name on FL-355 even though her petition used her maiden name; the county recorder later refused to record the property transfer because the names did not match. The misconception is that “everyone knows who I am”; bureaucracies do not, and they reject mismatched documents.
Item 2: The Parties Stipulate and Agree as Follows
This is the heart of the form. Item 2 contains a series of check-boxes for common categories — custody, visitation, child support, spousal support, property, attorney’s fees — followed by blank lines for additional terms. Check every box that applies, and write the operative language in plain English.
The California Family Code section 3585 requires that any provision waiving or modifying child support be expressly identified, so do not bury it in a paragraph about property. The consequence of vague language is that a later judge cannot enforce what she cannot read; ambiguity is construed against the drafter under Civil Code section 1654. A real example: Jonathan, a Los Angeles father, wrote “dad gets the kids on weekends,” and three years later spent $14,000 litigating whether “weekends” included Friday night. The misconception is that informality is friendlier; in family court, precision is kindness.
Item 3: Custody and Visitation Specifics
If your stipulation touches custody, attach Form FL-341 (Child Custody and Visitation Order Attachment) and any sub-attachments such as FL-341(C) for supervised visitation. The court requires findings under Family Code section 3011 that the order is in the best interest of the child.
The consequence of skipping FL-341 is that the order may be unenforceable across state lines under the UCCJEA. A real example: Aiyana, a mother who relocated to Oregon, found that the Oregon court would not register her California stipulated custody order because the FL-355 lacked the UCCJEA findings that FL-341 supplies. The misconception is that a California judge’s signature is enough; sister states require the standardized attachment.
Item 4: Child and Spousal Support
Support stipulations must comply with the statewide uniform guideline under Family Code section 4055. If you agree to a number that differs from guideline, you must include the five Family Code section 4065 findings: both parties are fully informed, neither is acting under duress, the agreement is in the child’s best interest, the children’s needs will be adequately met, and the right to support has not been assigned to the county.
Attach Form FL-342 for spousal support and FL-342 or FL-350 for child support. The consequence of skipping the 4065 findings is that DCSS will reject the wage assignment, and the obligor will not face automatic withholding. A real example: Marcus, a Riverside teacher, agreed to pay $200 below guideline; without the findings, DCSS bumped his wage assignment to guideline and garnished an extra $600 a month for six months before the court fixed it.
Item 5: Property Division
For property, attach Form FL-345 (Property Order Attachment). List every asset and debt with enough specificity to allow a title company, bank, or pension administrator to act. For real estate, include the full legal description and APN. For retirement accounts subject to ERISA, note that a QDRO will follow.
The consequence of vague property language is that the order cannot be implemented; a deed cannot record without a legal description, and a 401(k) plan administrator cannot divide an account without a QDRO. A real example: Sophia, a Bay Area engineer, wrote “Husband keeps the Tesla stock” without specifying the account number; Fidelity refused to transfer because the order did not identify the plan. The misconception is that “Tesla stock” is enough; plan administrators need account numbers and dollar amounts or percentages as of a specific date.
Item 6: Attorney’s Fees and Costs
If a party is paying the other’s fees under Family Code section 2030 or section 271, state the amount, the payee (client or law firm), the schedule, and the statutory basis. Use Form FL-319 and FL-158 as supporting attachments where required.
The consequence of skipping the statutory basis is that the fee award may not be enforceable as a money judgment, and it may be dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5) — domestic support obligations are non-dischargeable, but section 271 sanctions sometimes are. A real example: Beatriz won a $25,000 fee order without identifying section 2030; her ex filed Chapter 7 and discharged the debt. Naming the statute matters.
Item 7: Signatures and Judicial Order
Both parties (and counsel, if represented) sign and date item 7. The judicial officer then signs at the bottom under “It is so ordered.” Some counties allow electronic signatures under Code of Civil Procedure section 17 and local e-filing rules; others still require wet ink.
The consequence of an unsigned stipulation is that it is just paper — a contract, perhaps, but not a court order. Without the judge’s signature, you cannot get a wage assignment, a writ of execution, or a contempt citation. A real example: Henry, a Fresno father, mailed the FL-355 with both signatures but the judge never signed because the proposed order conflicted with an existing custody order; Henry believed for eight months that he had a custody order when he did not.
Three Most Common FL-355 Scenarios
Below are the three scenarios that account for the majority of FL-355 filings statewide, drawn from Judicial Council case-management data. Each table shows the action a party takes and the resulting consequence.
Scenario 1: Modifying a Custody Schedule After a School Move
| Party Action | Court Consequence |
|---|---|
| Parents agree on a new 2-2-3 schedule and attach FL-341 listing exact pickup times | Judge signs FL-355; new schedule becomes enforceable statewide and registrable in other states under the UCCJEA |
| Parents write “schedule to be agreed upon” with no specifics | Clerk may accept, but judge often rejects for vagueness, requiring a return trip and a fresh FL-341 |
| Parents skip FL-341 entirely and write the schedule into item 2 lines | Order may be valid in California but will likely be rejected for registration in another state |
Scenario 2: Reducing Child Support Below Guideline
| Party Action | Court Consequence |
|---|---|
| Parents stipulate to a below-guideline amount and include all five Family Code 4065 findings | Judge signs; DCSS honors the wage assignment at the stipulated amount |
| Parents stipulate below guideline but omit the 4065 findings | Judge rejects, or DCSS unilaterally raises the wage assignment to guideline |
| Parents stipulate to zero child support without 4065 findings and without county consent (if aid case) | Order is void as against public policy under Family Code 4065 |
Scenario 3: Dividing a 401(k) by Stipulation
| Party Action | Court Consequence |
|---|---|
| Parties attach FL-345 with plan name, account number, and 50-percent-as-of-date language, then prepare a QDRO | Plan administrator divides the account on receipt of the QDRO |
| Parties write “wife gets half the 401(k)” with no plan name or date | Plan administrator rejects the order; parties must return to court to amend |
| Parties divide the account by direct rollover without a QDRO | Distribution is taxable and triggers a 10-percent early-withdrawal penalty under IRC 72(t) |
Three Named Examples From Real California Cases
The following composite examples illustrate how FL-355 plays out for self-represented and represented parties alike. Names are illustrative.
Example 1: Carla in Los Angeles County
Carla and her ex-husband mediated a comprehensive custody and support deal at the Los Angeles Superior Court Family Court Services. They used FL-355 with FL-341 (custody), FL-342 (support), and a typed addendum for holiday schedules. Because Carla included all 4065 findings and a clear holiday rotation, the judge signed within 14 days, and DCSS opened a wage assignment within 30 days.
The consequence of her precision was zero post-judgment litigation in the following two years. The lesson is that thorough attachments save money and time.
Example 2: Devonte in San Diego County
Devonte tried to use FL-355 to enter the original judgment of his dissolution, skipping FL-180 and the preliminary declaration of disclosure. The clerk accepted the filing, but the judge rejected it sua sponte because dissolutions require a judgment form, not a stipulation form. Devonte lost three months and had to redo his disclosures.
The consequence was a delay in his ability to remarry and a missed open-enrollment window for health insurance. The lesson is that FL-355 is for modifications and stipulated orders, not initial judgments.
Example 3: Mei in Alameda County
Mei and her ex stipulated to a property division on FL-355 that included a transfer of a rental triplex. They attached FL-345 with the full legal description and APN. The county recorder accepted the interspousal transfer deed without reassessment under Revenue and Taxation Code section 63.
The consequence of including the legal description was a smooth recording and no property tax reassessment. Skipping the legal description would have triggered a reassessment under Proposition 19 and a substantially higher tax bill.
Mistakes to Avoid on FL-355
Below are the most common errors that derail FL-355 filings, drawn from clerk-reject logs and reported decisions.
- Omitting Family Code 4065 findings when child support deviates from guideline; the consequence is automatic upward adjustment by DCSS or outright rejection by the court
- Failing to attach FL-341, FL-342, or FL-345 when the stipulation touches custody, support, or property; the consequence is unenforceability across state lines and with plan administrators
- Vague property descriptions lacking APNs, legal descriptions, or account numbers; the consequence is that title companies and plan administrators refuse to act
- Mismatched names between the petition and the stipulation; the consequence is rejected wage assignments and recorder rejections
- Forgetting both signatures before submitting; the consequence is that the clerk returns the package and the agreement may unravel before resigning
- Using FL-355 instead of FL-180 for the initial judgment; the consequence is sua sponte rejection and lost months
- Skipping the statutory basis for attorney’s fees under section 2030 or 271; the consequence is a potentially dischargeable debt in bankruptcy
- Burying support waivers in property paragraphs rather than identifying them under Family Code section 3585; the consequence is an unenforceable waiver
- Filing in the wrong branch within a county; the consequence is delayed processing and possible dismissal under local rules
Federal Law Overlay on FL-355
California family law does not exist in a vacuum. Several federal statutes constrain what an FL-355 can do. Understanding them prevents stipulations that look fine on paper but fail in practice.
ERISA and QDROs
Private retirement plans governed by ERISA can only be divided by a Qualified Domestic Relations Order. An FL-355 referencing a 401(k) is necessary but not sufficient — you also need a separate QDRO that the plan administrator pre-approves. The consequence of skipping the QDRO is that the plan refuses to divide the account, no matter how clearly the FL-355 is written.
A common misconception is that the FL-355 itself is the QDRO; it is not. The QDRO is a separate order, often drafted by a specialist under Internal Revenue Code section 414(p).
USFSPA and Military Pensions
Military retired pay is governed by the Uniformed Services Former Spouses’ Protection Act. Direct payment from DFAS requires the 10/10 rule (10 years of marriage overlapping 10 years of service) and specific statutory language in the order. An FL-355 dividing military retirement must include a fixed dollar amount or a formula expressed as a percentage of disposable retired pay, not gross pay.
The consequence of non-compliant language is that DFAS rejects the order and the spouse must collect from the retiree directly, with no garnishment backstop. A misconception is that any percentage works; DFAS rejects orders that reference gross pay.
Bankruptcy and Domestic Support Obligations
Under 11 U.S.C. § 523(a)(5) and (a)(15), domestic support obligations and most marital debts assigned in a divorce are non-dischargeable in Chapter 7. Property settlements are generally non-dischargeable in Chapter 7 but can be discharged in Chapter 13. The drafting of your FL-355 affects which subsection applies.
The consequence of labeling a payment as “equalization” rather than “support” can be the difference between collectible and discharged debt. A misconception is that all family law debts survive bankruptcy; in Chapter 13, property settlements often do not.
Dos and Don’ts for FL-355
Follow these rules to keep your stipulation enforceable.
Dos
- Do attach every required Judicial Council attachment (FL-341, FL-342, FL-345) because plan administrators and other states rely on standardized formats
- Do include all five Family Code 4065 findings for any below-guideline child support because DCSS will otherwise default to guideline
- Do specify exact dollar amounts, account numbers, and APNs because vague language is unenforceable
- Do state the statutory basis for any attorney’s fees award because bankruptcy courts look for the precise hook
- Do file in the same branch where the case originated because local rules in counties like Los Angeles require it under LASC Local Rule 5.3
Don’ts
- Don’t use FL-355 to enter an initial judgment of dissolution because that requires FL-180
- Don’t skip preliminary declarations of disclosure because the order can be set aside under Family Code section 2107
- Don’t sign before reading the full agreement because California enforces stipulations under contract principles
- Don’t list a name that differs from the petition because clerks and recorders reject mismatches
- Don’t assume the judge will fix typos because judges sign or reject; they rarely edit
Pros and Cons of Settling by FL-355
Pros
- Speed: A signed FL-355 typically clears in 14 to 45 days versus 6 to 18 months for trial
- Cost: Average savings of $15,000 to $40,000 in attorney’s fees compared to a contested trial, per American Academy of Matrimonial Lawyers data
- Privacy: Stipulations avoid public testimony about finances and parenting
- Control: Parties craft the terms rather than a judge imposing them
- Flexibility: One form can settle one issue or twenty issues simultaneously
Cons
- Binding nature: Once signed and ordered, modification requires a change of circumstances under Family Code section 3651
- Limited set-aside grounds: Family Code section 2122 narrows relief to fraud, perjury, duress, mental incapacity, or mistake within strict deadlines
- Power imbalance risk: A self-represented party may sign terms a lawyer would have negotiated harder against
- No judicial fact-finding: A judge does not test the fairness of the deal except for child support and custody
- Enforcement still requires effort: Even a signed order needs wage assignments, QDROs, or writs to actually move money
Key Entities You Should Know
Several institutions touch every FL-355 filing.
The Judicial Council of California drafts and revises the form itself. The Department of Child Support Services processes wage assignments for any support order. The county clerk files the document and routes it to the assigned department. The California Department of Tax and Fee Administration and county assessors apply property tax rules to real estate transfers. Plan administrators (Fidelity, Vanguard, CalPERS, CalSTRS) implement retirement divisions only on receipt of a compliant QDRO.
Each entity plays a discrete role. The Judicial Council standardizes the form; the clerk files; the judge signs; DCSS and plan administrators implement. The consequence of misunderstanding the chain is that filers wait for one entity to do another’s job — a common and costly error.
Recap of Key Court Rulings
Several California decisions shape how FL-355 is read.
In re Marriage of Assemi (1994) 7 Cal.4th 896 confirms that an oral settlement recited on the record is enforceable under CCP 664.6, but a written FL-355 is far stronger because it captures every term.
In re Marriage of Hibbard (2013) 212 Cal.App.4th 1007 holds that a stipulated judgment must comply with disclosure rules under Family Code 2104 and 2105, even if both parties waive in writing.
In re Marriage of Mosley (2008) 165 Cal.App.4th 1375 confirms that section 271 sanctions can be awarded by stipulation if the basis is stated.
The consequence of ignoring these cases is that an FL-355, even when signed, can be vacated. The misconception is that stipulations are bulletproof; they are not.
Filing and Service Procedure
After both parties sign, you file FL-355 with the clerk. Some counties accept e-filing through One Legal or File & ServeXpress; others require paper. Filing fees are typically waived for stipulated orders, but local rules vary, so consult each county’s local rules.
After the judge signs, the prevailing party must serve a conformed copy on the other party under California Rules of Court rule 3.1312. Service is typically by mail with a Proof of Service (FL-335). The consequence of skipping service is that appellate or modification deadlines may not start running, leaving the order in limbo.
Timing and Deadlines
The clerk usually processes a stipulated order within 5 to 30 days, depending on county. If a hearing was scheduled, you should file the FL-355 at least 10 court days before the hearing to allow the judge to vacate it. Missing that window means an unnecessary appearance and possible sanctions for wasting court time.
The consequence of late filing is wasted time and the risk that the judge will issue conflicting orders at the hearing. A misconception is that mailing is enough; many counties require physical receipt by the clerk before vacating.
Service After Signing
Once signed, you have 30 days under most local rules to serve the conformed order. Service triggers the appeal clock and the modification clock under Family Code section 3651. Failure to serve does not invalidate the order, but it does complicate enforcement.
The consequence of unserved orders is that wage assignments may not issue, contempt may not lie, and the other side can credibly claim ignorance of the terms. The lesson is to serve immediately and file the proof of service within five days.
Frequently Asked Questions
Is FL-355 the same as a Marital Settlement Agreement?
No. FL-355 is a court form for stipulated orders, while an MSA is a contract. An MSA can be attached to an FL-180 judgment or referenced in an FL-355, but they serve different roles.
Can I use FL-355 without an attorney?
Yes. Self-represented parties file FL-355 every day in California, and the Self-Help Center provides free workshops. Care with attachments and statutory findings is essential.
Does FL-355 require a filing fee?
No. Most counties waive fees for stipulated orders post-judgment, though pre-judgment filings on existing fee-paid cases incur no additional fee. Confirm with your local clerk.
Can FL-355 modify child support below guideline?
Yes. It can, but only if all five Family Code 4065 findings are stated, and the children are not receiving public assistance through the county.
Will the judge always sign my FL-355?
No. Judges reject stipulations that violate public policy, harm children, lack required findings, or conflict with existing orders. Rejection rates run roughly 8 to 15 percent in major counties.
Can I cancel an FL-355 after signing but before the judge signs?
Yes. Either party can withdraw consent before the judge signs by filing a written notice, although the other side may sue to enforce under CCP 664.6 if the agreement was on the record.
Do I need to file disclosure forms with FL-355?
Yes. If your case has not yet completed preliminary and final declarations of disclosure, the judge will reject the stipulation under Family Code 2104 and 2105.
Can FL-355 transfer real property?
Yes. When paired with FL-345 and an interspousal transfer deed, FL-355 can transfer real estate without triggering reassessment under Revenue and Taxation Code section 63.
Is FL-355 valid for same-sex couples and registered domestic partners?
Yes. California treats same-sex spouses and registered domestic partners identically for FL-355 purposes under Family Code section 297.5.
Can I appeal an order entered on FL-355?
No. Stipulated orders are generally not appealable because a party cannot appeal an order to which she consented. Set-aside under Family Code 2122 is the usual remedy.
Does FL-355 work in domestic violence cases?
No. DV restraining orders use Form DV-130 instead. FL-355 may handle ancillary issues like attorney’s fees in a DV case, but not the restraining order itself.
How long does FL-355 take to be signed by the judge?
Yes, timing varies, but most counties sign within 14 to 45 days. Complex stipulations or those flagged for review can take 60 to 90 days.
Related reading
- How to Fill Out California Form FL-300 (w/Examples) + FAQs
- How to Fill Out California Form FL-110 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs
- How to Fill Out California Form FL-190 (w/Examples) + FAQs
- How to Fill Out California Form FL-340 (w/Examples) + FAQs
- How to Fill Out California Form FL-475 (w/Examples) + FAQs