Divorce paperwork can feel overwhelming, especially when dealing with specific forms like Form FL-170. This form is officially called the Declaration for Default or Uncontested Dissolution or Legal Separation. It plays a crucial role in finalizing divorces that don’t go to trial.
In simple terms, Form FL-170 lets you ask the court to finish your divorce when both spouses are not fighting the case – either because one spouse never responded (default) or because both spouses reached an agreement (uncontested).
While Form FL-170 is a California form, many of its principles apply broadly. New York’s divorce process uses similar affidavits, even though they have different form numbers. This guide provides a step-by-step, expert overview of how to fill out Form FL-170 in all relevant divorce scenarios. It covers what the form is for, who needs to file it, how and where to file it, and detailed examples for common situations.
Both petitioners (the spouse who started the divorce) and respondents (the spouse responding to the divorce) will find guidance here. We also explore key related forms and legal concepts (like summons, default, affidavits, and judgments) and provide practical tips, comparisons, and FAQs. Each section breaks down complex legal ideas into clear language so you can proceed with confidence.
Understanding Form FL-170 and Its Legal Purpose
Form FL-170 serves as a sworn declaration that the judge uses to review and approve an uncontested divorce or default divorce without a formal trial. By signing this form, the filing spouse confirms under penalty of perjury that all legal requirements are met and that the information in the proposed divorce judgment is truthful. Essentially, FL-170 tells the court: “We have either agreed on everything or the other spouse has not responded, and I have provided all the necessary facts for you to grant the divorce.”
- State vs. Federal Context: Divorce is governed by state law, not federal law. Form FL-170 is issued by the California Judicial Council for use in California’s state courts. There is no federal divorce form because U.S. federal courts generally do not handle routine divorce cases. The federal government does require certain protections in divorce cases – for example, the Servicemembers Civil Relief Act (a federal law) protects military members from default judgments without proper safeguards. FL-170 helps ensure compliance with such laws by confirming a defaulting spouse isn’t in the military (or by noting if they were served by publication under court order). Outside of those federal protections, the form’s purpose is rooted purely in state procedure.
- New York Family Court Context: In New York State, divorces are handled in the Supreme Court of each county (not the Family Court). New York courts don’t use a form called “FL-170,” but they do use a similar document in uncontested divorce cases known as the Affidavit of Plaintiff (and sometimes an Affidavit of Defendant if the other spouse consents). The idea is the same: a sworn statement of facts that allows the judge to finalize the divorce on paper without a hearing. So if you’re in New York and see references to “FL-170,” in practice you’ll be using New York’s own forms that serve an equivalent function. (The New York State Unified Court System provides an uncontested divorce packet that includes these affidavits and detailed instructions.)
- When FL-170 Is Used: Form FL-170 comes into play at the end stage of a divorce case that is either default or uncontested. It is not used if the divorce is contested and headed for trial. If your spouse never answered the divorce papers (default), or if both of you reached a full settlement (uncontested), FL-170 is the document the petitioner uses to request the final judgment. It covers divorce cases as well as legal separations (and domestic partnership dissolutions) in California. The form ensures the court has all necessary information about issues like property, children, and support before the judge signs the final Judgment.
- Why It Matters: Courts need a reliable way to confirm that granting a divorce is proper and lawful. In a trial, a judge hears live testimony – but in an uncontested or default case, there is usually no hearing. Form FL-170 effectively takes the place of live testimony. By filling it out correctly, you provide the evidence and assurances the judge needs to sign off on your divorce. This saves time and usually means you do not have to appear in court. For the petitioner, it’s a way to move the case to conclusion efficiently on paper. For the respondent, it means the divorce can be finalized smoothly (if they agreed or chose not to participate), as long as the information provided is accurate and fair.
Who Must File Form FL-170 (Petitioner vs. Respondent)
Petitioner (Filing Spouse): The petitioner (the spouse who initiated the divorce) is usually the one who completes and submits Form FL-170. The petitioner signs this declaration under oath, attesting to the facts of the case (such as meeting the residency requirement, the grounds for divorce, and the proposed arrangements). In a default scenario, the petitioner confirms that the respondent was properly served, failed to respond, and that all required notices and financial disclosures were handled. In an uncontested scenario, the petitioner confirms that both parties have settled all issues (typically by attaching a written settlement agreement for the court to approve).
Respondent (Other Spouse): The respondent typically does not file a separate FL-170. Even in an amicable uncontested divorce, only one FL-170 is needed for the case. The respondent’s role, if they are cooperating, is usually to sign other documents – for example, a Marital Settlement Agreement, an appearance or consent form (in California, often Form FL-130 “Appearance, Stipulations, and Waivers”), or an Affidavit of Defendant in New York. The petitioner will list both spouses’ names and case details on Form FL-170, but the respondent doesn’t fill out or sign that form.
- Respondent in a Default Case: If you are the respondent and you did not file an answer or response in time, the petitioner can pursue a default judgment using FL-170. That means decisions about property division, child custody, and support could be made by the court without your input (as long as they don’t exceed what was requested in the petition). If default has been entered and the petitioner submits FL-170, the case is nearing its conclusion. If you intended to participate but missed the deadline, act quickly – you may still ask the court to set aside the default (essentially, to give you another chance to respond) if you have a valid legal reason, but time is limited (in California, typically within 6 months of the default entry, with a showing of good cause).
- Respondent in an Uncontested Case: If you are the respondent and you and your spouse have reached a full agreement on all issues (making the case uncontested), you might not even need to file a formal answer – many couples instead use a stipulation or appearance form to acknowledge the case and avoid the filing fee. Either way, the petitioner will submit FL-170 along with your signed agreement to finalize the divorce. Your main jobs as the respondent are to ensure the settlement agreement truly reflects what you want and to complete any required supporting forms (for instance, exchanging financial disclosure forms, or signing a notarized affidavit in New York to consent to the divorce terms). You do not need to sign the FL-170 itself; the judge only needs the petitioner’s sworn declaration on that form. As long as all the paperwork is in order and both spouses have met the necessary requirements, the divorce will be approved without a court hearing.
When and How to Obtain Form FL-170
Timing – When to Fill and File: Form FL-170 is filed at the time you’re requesting your final divorce judgment. In other words, it comes after all preliminary steps are done (service of papers, waiting period, disclosures, etc.), when you are ready to wrap up the case.
- In a default divorce, you can request a default judgment soon after the respondent’s response deadline passes (in California that’s 30 days after service) and the minimum waiting period has elapsed. California, for example, has a 6-month waiting period from the date the respondent was served (or from their first appearance) before a divorce can be finalized. Once those conditions are met – and you have prepared all necessary judgment forms – you would file FL-170 along with the default judgment package.
- In an uncontested divorce, timing depends on when you and your spouse have your settlement paperwork ready. Often, you’ll prepare the judgment packet (including FL-170) as soon as both parties have signed the marital settlement agreement and completed required financial disclosure exchanges. You might submit the documents to the court and then wait for the judge’s review. In many uncontested cases, especially with attorneys involved, the paperwork is submitted shortly after the 6-month period ends, so the divorce can be finalized as soon as legally possible.
Obtaining the Form: You can get a copy of Form FL-170 easily from several sources:
- California Courts Website: The official California Courts website provides FL-170 as a free PDF download. It’s a fillable form, so you can type in your information before printing and signing it.
- Clerk’s Office: Any California county courthouse (Superior Court) that handles family law should have blank copies of FL-170 available. You can ask the family law clerk or visit a self-help center at the courthouse. They often provide form packets for uncontested divorces that include FL-170.
- Law Libraries or Online Legal Resources: Public law libraries in California often stock printed family law forms. Additionally, various reputable legal aid websites or document preparation services host FL-170 for download. Just be sure you’re using the current version of the form (check that it says FL-170 [Rev. January 1, 2020] or later in the footer).
- New York Resources: If you’re handling a New York divorce, you won’t use FL-170, but you can obtain the analogous forms (like the Affidavit of Plaintiff UD-6) from the New York State Unified Court System website. New York provides a free Uncontested Divorce Packet online, which includes all the forms and instructions needed. There is also a DIY (Do-It-Yourself) Uncontested Divorce Program on the nycourts.gov site that can generate completed forms based on your answers to questions.
Filing the Form: After you fill out and sign FL-170, it needs to be submitted to the court as part of your judgment packet:
- In California, you will assemble several documents for judgment: typically, Form FL-170, a proposed Judgment (Form FL-180), a Notice of Entry of Judgment (Form FL-190), and any necessary attachments (such as your marital settlement agreement, a child support calculation printout if there are children, and other required forms like a stipulation for waiver of final declaration of disclosure (Form FL-144) if applicable). Submit the entire packet to the Superior Court clerk where your divorce case is filed. Many counties allow (or require) electronic filing for divorce judgments – check your local court’s rules. If e-filing isn’t available, you can file in person at the courthouse or by mail. Always keep copies of everything you submit, and if filing by mail, include a self-addressed stamped envelope for the court to return your filed judgment.
- In New York, an uncontested divorce judgment packet will include the Affidavit of Plaintiff, the signed settlement or stipulation, a Request for Judicial Intervention (RJI), the proposed Judgment of Divorce, and various other forms (child support worksheets, etc., if applicable). You would file these with the Supreme Court Clerk’s Office in the county where the case is venued. New York currently allows e-filing of uncontested divorce papers in many counties through the NYSCEF system (New York State Courts Electronic Filing) – if you’re unrepresented, you may need to opt in to use e-filing, or you can file paper documents. When filing in person or by mail, include any required fees and a large envelope with postage for returning your signed Judgment.
Where to File: Always file FL-170 (and the judgment documents) with the same court handling your divorce. In California, that is the Superior Court for your county. In New York, it’s the Supreme Court for your county. You do not send FL-170 to any federal court or separate agency – it stays within your divorce case file. (If there are minor children receiving public assistance, you may need to send the final judgment to the local child support agency or Support Collection Unit for their records, but the FL-170 itself is filed with the court, not with those agencies.)
Step-by-Step Guide: How to Fill Out Form FL-170
Filling out Form FL-170 becomes easier if you break it down into sections. Take your time and be truthful and thorough – remember, you are signing under penalty of perjury. Below is each major part of the form and how to complete it. (If you’re using New York’s uncontested divorce forms, you will cover similar information in your affidavits, though the format will differ.)
1. Case Caption and Basic Information
At the top of Form FL-170, you need to fill in the case caption – the same heading information that appears on your other court papers (like the petition and summons). This includes:
- Court Name: Write the name of the court and the county. For example,
"Superior Court of California, County of Los Angeles". (In New York, the equivalent would be"Supreme Court of the State of New York, County of Kings"for a Brooklyn case.) - Party Names: Fill in the names of the Petitioner (your name if you filed the divorce) and Respondent (your spouse’s name). Use the full legal names exactly as they appear on your divorce petition.
- Case Number: Copy the case number from your other documents. It’s vital that this is correct on every form, including FL-170, to ensure it gets filed with the right case.
Also, on the top right of FL-170, there’s often a space for “FOR COURT USE ONLY” – leave that part blank. If you have an attorney, they will fill in the attorney information at the top; if you are self-represented, you should fill in your name, address, phone number, and write “Self-Represented” where it asks for an attorney name/Bar number. Ensure this top section is accurate, because errors here (like a wrong case number or mis-spelled name) can cause processing delays or filing mix-ups.
2. Declaration of Disclosure Compliance
Divorcing spouses are required by law to exchange financial disclosure documents in most cases. Form FL-170 asks you to confirm the status of these Declarations of Disclosure:
- Preliminary Declarations of Disclosure: In California, each spouse must exchange a preliminary set of financial disclosures (including an Income and Expense Declaration (FL-150) and either a Schedule of Assets and Debts (FL-142) or a Financial Statement (Simplified) (FL-155)). As the petitioner, you must have served your preliminary disclosure on the respondent and filed a Proof of Service of Disclosure (FL-141) with the court. On FL-170, you will check a box indicating that you have served and filed the preliminary Declaration of Disclosure. If you’re proceeding by default, you also indicate that you waive receiving a final disclosure from the respondent (since they never responded). In a New York uncontested divorce, a similar concept applies – both parties must generally swear they have exchanged financial information, or that the requirement was waived by agreement.
- Waiver of Final Declaration of Disclosure: In California, there is also a final round of disclosures that can occur later in the case, but often both spouses agree to waive the final declaration. If your case is uncontested and both of you are on board, you can file a Stipulation and Waiver of Final Declaration of Disclosure (FL-144), signed by both spouses. FL-170 will have a statement such as, “Service of the final Declaration of Disclosure is mutually waived by both parties”. You should check this if it’s true – typically you’ll have either filed the FL-144 or included a waiver clause in your settlement agreement. (If you did not waive final disclosures, it means both of you completed and exchanged a second set of disclosure forms – in that scenario, you’d indicate on FL-170 that the final disclosures were served and perhaps provide the filing dates.) In a default situation, the petitioner can unilaterally waive the final declaration from the missing spouse, and FL-170 has a checkbox for that as well.
- Default by Publication or Posting: If you had to serve your spouse by publication or posting (with court permission) because you couldn’t locate them, certain disclosure requirements are relaxed. FL-170 has a specific option to cover this scenario. You would check a box indicating that service of the summons was done by publication or posting under a court order, and therefore serving a preliminary declaration of disclosure on the respondent was not required. You will also state that you waive the final declaration of disclosure from the respondent. This alerts the judge that you followed the special procedures for serving an unavailable spouse and that you aren’t expected to have exchanged financial information with them.
In short, this part of FL-170 is ensuring you’ve complied with (or appropriately waived) the financial transparency rules. Tip: Make sure you have indeed filed your FL-141 proof of service of disclosure before submitting FL-170 – the court will check for it.
3. Selecting the Case Type: Default or Uncontested
Form FL-170 will ask how your case is proceeding, and you’ll need to check the appropriate box that describes your situation:
- Default without Agreement: Check this if the respondent never filed a response and you have no written agreement with them about the divorce terms. This is a pure default. On FL-170, you’ll see wording like, “No response has been filed and there is no written agreement or stipulated judgment between the parties; the default of the respondent was entered or is being requested.” By checking that, you tell the court this is a true default case. The court will only grant what you asked for in your petition (you cannot exceed your original requests). This option is common when the other spouse has been completely unresponsive.
- Default with Agreement: Check this if the respondent did not file a response, but the two of you reached a written agreement on all the issues. This might happen in a friendly divorce – the spouse didn’t formally answer the petition (perhaps to save the filing fee or out of trust) but is willing to sign a Marital Settlement Agreement outlining the terms. In FL-170, you’d check the option such as, “No response has been filed and the parties have agreed that the matter may proceed as a default; a written agreement between the parties is being submitted to the court for approval.” By doing so, you inform the judge that although the case is technically a default, you both have settled everything in writing. You must attach the signed agreement (often notarized) when you submit the judgment. The judge will review and, if acceptable, incorporate that agreement into the final judgment. This default-with-agreement scenario is sometimes called a “default judgment with stipulation.”
- Uncontested (Response Filed / Appearance): Check this if the respondent did respond or otherwise appeared, and now you have a full written agreement (or stipulation) to submit. In other words, both spouses participated in the case and ultimately agreed on terms. The form will have language like, “Both parties have appeared in the case and a written agreement/stipulated judgment is being submitted to the court.” You use this option, for example, when the respondent filed an Answer (or an Appearance form) and you negotiate a settlement – now it’s essentially an uncontested matter because there’s no fight for the court to resolve. You’ll request the court to approve your attached agreement. Note that even if a response was filed, once you have an agreement, the case ends as an uncontested matter decided on paperwork, not at trial.
Choose the option that matches your case. If a response was filed but your spouse isn’t actually contesting anything, do not check “default” – use the uncontested option. Conversely, if no response was ever filed, don’t check “uncontested” just because you’re on friendly terms – it’s technically still a default (with or without an agreement). The distinction matters for the court’s processing.
4. Property Division and Debts
A divorce judgment must address what happens to the marital property and debts. Form FL-170 includes sections for you to declare how assets and debts are being handled:
- No Assets or Debts: If you have no community or quasi-community property or obligations to divide, state that plainly. FL-170 has a checkbox that usually says something like, “There are no such assets or debts to be disposed of by the court.” Check this if it applies. For example, maybe you rented, had no real estate, kept separate bank accounts, and no debts were incurred jointly – you would tell the court there’s nothing to divide. This assures the judge that property division is not an issue in your case.
- Using a Property Declaration (FL-160): If there are assets or debts to be divided and you do not have a written settlement agreement, you need to list them for the court. In California, you should prepare and attach a Property Declaration (Form FL-160). On that form, you itemize all community (marital) property and debts along with their values and propose who should receive what. FL-170 will have a section where you indicate that “The community assets and debts are listed on the attached Property Declaration (form FL-160) and the division in the proposed Judgment is fair and equal.” Attach FL-160 and check that box on FL-170 if you’re proceeding by default without a separate agreement. The judge will look at your FL-160 to ensure you’re dividing things consistent with California’s community property laws (generally a 50/50 split unless an unequal division is justified by some offset or circumstance). If there are very few assets or debts, you might alternatively list them directly on the judgment form (FL-180) or an attachment, but using FL-160 is a standardized way to present the information.
- Written Settlement Agreement: If you and your spouse have a Marital Settlement Agreement (MSA) or stipulated judgment that details your property division, you typically won’t list all assets on FL-160 because your agreement itself covers it. In FL-170, you will have checked the option indicating a written agreement was submitted. The judge will rely on that agreement to divide your property. It’s crucial that the agreement clearly spells out who gets each asset and who pays each debt. For example, it might state, “Wife shall receive the 2015 Honda Accord (VIN ending 1234) and assume the loan on that vehicle; Husband shall receive the joint Chase savings account ending 5555,” and so forth for all items. The court will not know your private understandings unless they’re written down. Usually, you will incorporate the MSA into the judgment. Make sure to attach the original signed agreement to your judgment packet. Assuming the agreement is generally fair (not blatantly one-sided) and both of you signed voluntarily, the court will approve it. (Judges in default cases do scrutinize agreements for obvious unfairness to make sure the absent spouse wasn’t taken advantage of – but if an agreement is extremely lopsided, the judge can request a hearing or additional proof of fairness.)
If you have some assets but have already divided them informally, you still must let the court know. For instance, “We owned furniture and electronics which we have mutually divided to our satisfaction – no court order necessary.” That could be written in an attachment or in the agreement.
5. Child Custody and Child Support (If Applicable)
If you and your spouse have minor children together, the court will only grant a divorce after addressing custody and support for those children. FL-170 dedicates a portion to confirming the arrangements for any children of the marriage:
- Child Custody and Visitation Orders: You need to specify the custody and parenting time arrangement. If you already have a detailed parenting plan or an existing court order, you’ll incorporate that into the judgment. On FL-170, you might check a statement like, “Child custody and visitation (parenting time) should be ordered as set forth in the proposed Judgment (Form FL-180).” Typically, the actual schedule (who the children live with on what days, holiday splits, etc.) will either be described in your marital settlement agreement or in a separate attachment (sometimes courts use Form FL-341 and related attachments for a parenting plan). If a prior Family Court order exists (say you had a temporary custody order from an earlier proceeding), you should note that and provide the case number and county. Usually, the divorce judgment will supersede any prior orders. Make sure FL-170 or an attachment indicates the type of custody (legal and physical) each parent will have – for example, “Joint legal custody to both parents, primary physical custody to Mother with reasonable visitation to Father as per attached schedule.”
- UCCJEA Declaration: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) declaration (Form FL-105 in California) is a form you would have filed at the start of your case if you have children. It lists the past addresses of the children and any other cases involving them. In FL-170, there’s typically a checkbox to confirm that the information in the UCCJEA form is still correct and that it’s on file. If anything has changed (for example, one of the children started living with the other parent during the divorce process), you should update the court. Usually, though, you won’t need a new UCCJEA form if one is already in the case file and circumstances haven’t changed; just ensure it’s been filed and check the box on FL-170 indicating that. New York’s forms have a similar requirement to list children’s address history and any existing custody cases (often integrated into the affidavits).
- Child Support Arrangements: FL-170 will address how child support is being handled. In the final judgment, child support needs to either follow the state’s guideline formula or be explicitly agreed upon by both parties with an acknowledgment of the guideline. When filling FL-170:
- Indicate that child support should be ordered as per the proposed judgment or agreement. Practically, this means you’ll either attach a child support calculation or include the agreed amount in the settlement.
- Attach a Guideline Calculation: In California, even if you have an agreed child support amount, you generally must attach a printout showing what the guideline support would be (using a program like Dissomaster or the free online calculator) and confirm on FL-170 that the information is correct. The form may have a line like, “The information in the child support calculation attached is correct to my knowledge.” Attach that calculation behind the judgment.
- If you and your spouse agreed to a child support amount that is different from the guideline, the law requires certain findings. Typically, both of you must sign an acknowledgment that you know your rights to guideline support and that the agreed amount is in the best interest of the child (and won’t cause the child to need public assistance). This acknowledgment can be built into your settlement agreement or on a separate form (in CA, Form FL-342(A) can be used for stipulations below guideline). Mention in FL-170 (or at least ensure it’s clear in your judgment) that the required findings are made. If the case is a default, you usually cannot deviate from guideline support – the court will order the calculated guideline amount since the absent parent hasn’t agreed otherwise.
- If there are no minor children of the marriage, this part of FL-170 is typically marked “Not applicable” or left blank (except don’t forget to clarify that in the form’s earlier sections that asked about children).
- Public Assistance Notice: You must inform the court if any child is receiving public assistance (for instance, TANF, CalWORKs, or Medicaid) or if either parent is receiving such assistance for the child. FL-170 has checkboxes for this, often phrased as “Petitioner/Respondent is receiving public assistance for the child(ren)” or “no public assistance is being received.” If public assistance is involved, the local child support agency (like the Department of Child Support Services in CA) becomes a party of interest in the support orders. You would need to have them sign off on the judgment or at least be served with a copy before the court finalizes it. Make sure to check the correct box and provide any details requested (the form might ask which county agency is involved). If neither parent nor the children get public aid, you’ll state that on the form.
- Existing Child Support Case: If there’s already a child support order from a different case (for example, perhaps the DCSS opened a case, or there was a prior separation case with support orders), mention it. FL-170 might prompt you: “Child support is being enforced in another case (county ____ , case no. ____).” Fill in those blanks if applicable. The divorce judgment will typically replace the prior order (you may include language that existing orders are superseded), but the court needs to be aware of them. In New York, if there was a Family Court child support order, the divorce judgment should address whether that continues or is merged into the divorce order.
When completing the child-related parts of FL-170, thoroughness is key. Attach all relevant forms: a Child Support Order Attachment (FL-342) or equivalent with the details of how payments will be made, a Visitation Attachment (FL-341) for detailed schedules, and so on. Many counties require a parenting class certificate or other local forms before approving a judgment with children – check local rules so you don’t miss anything. Remember, the judge’s primary concern for this section is that the children’s best interests are protected and that support is adequate.
6. Spousal Support (Alimony) and Attorney’s Fees
Next, Form FL-170 asks about spousal or partner support (alimony) and any request for attorney’s fees:
- Spousal/Partner Support Orders: You must indicate what you want to do about spousal support (also known as maintenance in some states). Common options on FL-170 include:
- Waive Support: e.g., “I knowingly give up forever any right to receive spousal or partner support.” Check this if you are waiving your own right to support from the other spouse. Often both spouses each waive support (especially in a short marriage or if both are self-sufficient).
- Terminate Court’s Ability (Jurisdiction): e.g., “I ask the court to terminate forever the court’s jurisdiction to award spousal or partner support to [Petitioner/Respondent].” This means you’re asking that the named party can never come back in the future to request support. Typically, if both sides waive support, the judgment will terminate the court’s jurisdiction over support for both.
- Order a Specific Support Amount: e.g., “Spousal support should be ordered as set forth in the proposed Judgment.” You’d check this if, for instance, your agreement or request is that one spouse will pay the other a certain amount per month for a certain duration.
- Reserve Support: “I ask the court to reserve jurisdiction to award spousal support in the future.” Check this if no support is needed now, but you want the possibility to remain open. This is common in longer marriages where a spouse might not need support at the moment (maybe they have temporary support or sufficient income) but they don’t want to forever waive the right, or where health/employment could change.
- Attorney’s Fees and Costs: Divorce forms also address whether one party will pay the other’s legal fees. On FL-170, you can indicate if attorney fees should be ordered as set forth in the judgment. In an uncontested or default situation, usually each party pays their own attorney’s fees, and you would leave this section blank or check “None” if such an option exists. If you have a settlement where one spouse agreed to pay, say, $1,000 of the other’s attorney fees, then the judgment will state that and you’d check the box on FL-170 that says attorney’s fees are addressed in the proposed judgment. If you’re not requesting any fee order, you don’t need to check anything for fees on FL-170. (In a contested case, fee requests are made via motions during the case; they generally wouldn’t be part of FL-170 because FL-170 is only for default/uncontested scenarios.)
- Supporting Financial Declarations: If spousal support or attorney fees are being requested without an agreement (for example, a default case where you want the court to order support for you), you must have current financial information on file. This means you should have submitted an Income and Expense Declaration (FL-150). FL-170 asks you to confirm that (it might not explicitly say it, but the court clerk and judge will check). Ensure your FL-150 is filed and updated (it should be dated within the past few months) when you turn in the default judgment. If you’re asking the court to decide spousal support in a default, some courts require a brief explanation or calculation showing how you arrived at the proposed amount – you might attach a Spousal or Partner Support Declaration (FL-157) or a statement of factors (Family Code §4320 factors in California). In an uncontested case with an agreement, your agreement itself usually suffices, and since both parties disclosed finances to each other already, the court doesn’t need additional proof. The key is: if the judge is being asked to order support or fees without the other party’s input, you need to provide enough information to justify it.
7. Grounds for Divorce and Other Final Requests
Toward the end of Form FL-170, you’ll confirm the fundamental requirements for ending the marriage and address a few final issues:
- Grounds for Dissolution: Almost all divorces today proceed on no-fault grounds. In California, the ground is “irreconcilable differences” causing an irremediable breakdown of the marriage. On FL-170, you will check a box or include language that says exactly that. Essentially, you declare that irreconcilable differences have led to the breakdown of the marriage, and there is no possibility of saving it. This satisfies the legal requirement for grounds. (California also has a ground of “incurable insanity” but that’s rarely used and requires medical proof – not applicable to uncontested defaults typically.) In New York, if you were using the no-fault ground, the Affidavit of Plaintiff will state that the relationship has been irretrievably broken for at least six months. The key point: you are affirming that a valid ground for divorce exists, which in a no-fault context is straightforward and doesn’t assign blame.
- Jurisdictional Facts: California requires that one of the parties has lived in the state for at least 6 months and in the county for at least 3 months before filing for divorce (these are residency requirements for the court to have jurisdiction to dissolve the marriage). FL-170 includes a statement to confirm these facts if the marriage or partnership was formed out-of-state. For example, it might say, “If this is a dissolution of a marriage from another state, the petitioner or respondent has been a resident of this county for at least 3 months and of California for at least 6 months preceding the filing.” By signing FL-170, you’re also confirming those residency facts (if they apply). In your petition you already stated where you live, so this is usually not an issue unless something changed. Ensure that the residency requirement was met before you filed the petition; if it wasn’t, the court technically can’t grant a divorce (though it could grant a legal separation instead). In New York, the affidavits cover residency in detail (New York has several possible residency scenarios – e.g., one year with certain conditions or two years continuous residence). The judge will check that you meet New York’s residency rule for divorce in your papers.
- Restoration of Former Name: If one of you changed your last name due to the marriage and now wishes to revert to a former name, you can request that in the divorce. FL-170 has a section where the petitioner (or respondent) can request restoration of a former name. For example, “Petitioner requests to be restored to her former name: Smith.” Only the party who wants their name changed can make this request (you cannot request to change your spouse’s name – they have to do it themselves). If you are the petitioner and want your maiden or former name back, check the box and write the full former name. If you’re the respondent and you want your name back, but you didn’t participate, note that in California you can later file an Ex Parte Application for Restoration of Former Name after the divorce, or include a separate notarized request in the default paperwork. In an uncontested case, usually the respondent can simply include the request on the appearance, stipulation, or in the settlement agreement and the petitioner can put it on FL-170 on their behalf. In New York, the Judgment has a clause to allow a name change (and by law, either party can resume any former surname). In any event, don’t forget this part if a name change is desired. It’s much easier to restore your name in the divorce judgment than it is to do a separate name change later. And if you’re not changing your name, you can leave this section blank or check “not applicable.”
- Status-Only Judgment (Bifurcation): If for some reason you are asking for a “status only” divorce – meaning you want to terminate the marital status now and reserve other issues to be decided later – FL-170 has a provision for that. It will say something like, “This declaration is only for the termination of marital status. I ask the court to reserve jurisdiction over all other issues.” This is known as bifurcation of status. It’s not common in an uncontested divorce unless there’s a specific reason (like a deadline to get remarried or a tax filing status benefit). If you’re doing a status-only judgment, you would have had to go through some special procedures (like serving a separate motion and satisfying certain conditions such as indemnifying the other party’s pension, etc.). If none of that rings a bell, then you’re likely not bifurcating and you can ignore this portion. Only fill in the status-only section if you have court approval to do so or it’s part of a stipulated judgment to split the divorce into two parts.
- Other Requests (Nunc Pro Tunc, etc.): FL-170 often ends with an “Other” section where you can write in any additional orders or information. This is rarely needed in an uncontested or default scenario, but it’s there in case. One example of an “other” request could be asking the court to enter the judgment nunc pro tunc to a prior date. “Nunc pro tunc” means “now for then” – essentially backdating the judgment to correct a clerical or processing delay. For instance, if you intended the divorce to be final on December 31 but the paperwork got delayed to January 5, a judge might, in some cases, agree to enter the judgment nunc pro tunc to December 31. If you have no such special issues, you will leave “Other” blank. Only fill something here if you know you need a particular order that wasn’t covered elsewhere.
After covering all these items on the form, review everything for accuracy and completeness. It’s wise to compare FL-170 against your Petition and your proposed Judgment one more time to ensure consistency (names, dates, requests). Double-check that every required attachment or form referenced is actually included.
When you are satisfied, sign and date the form at the bottom. Your signature is a certification that everything is true. (In California, your signature under penalty of perjury does not need notarization – the court accepts it as a sworn statement. In New York, by contrast, the Affidavit of Plaintiff must be notarized because it’s an affidavit. This is a procedural difference between states: California uses unsworn declarations under penalty of perjury, while New York uses notarized affidavits.)
8. Final Review and Attaching Supporting Documents
Before submitting your judgment packet, make sure all needed documents are attached or filed. Along with Form FL-170, typically you should have:
- Marital Settlement Agreement (if any): If you have a written settlement, attach the original signed agreement (with signatures of both spouses, notarized if required). This will usually be incorporated into the judgment.
- Financial Disclosure Forms: Ensure your Proof of Service of Preliminary Declaration of Disclosure (FL-141) is filed. If you waived final disclosures, have the waiver (FL-144) on file or ready to submit. If you are asking for any support or fees and it’s a default, include a current Income and Expense Declaration (FL-150) for yourself (and maybe for the other party if they filled one out in an uncontested case).
- Property and Support Attachments: If you used a Property Declaration (FL-160) to list assets and debts, that should be attached. If you have a complicated property settlement, you might also attach a property order attachment to the judgment. For support, attach the guideline child support calculation printout (and a Spousal Support factors declaration if required for a spousal support request). Also attach any Child Support Information and Order Attachment (FL-342) and Custody/Visitation Attachment (FL-341) that detail the orders for the children, if those aren’t fully described in your agreement.
- Default Documents: If it’s a default case, make sure you’ve filed the Request to Enter Default (FL-165) and the clerk has processed it (or you include it for processing simultaneously). Some courts want the default entered before they review the judgment; others will enter it when they sign the judgment if it’s all in one packet – check your local procedure. Also, if the respondent was in the military or you’re not sure, you should have filed a military status affidavit (to comply with SCRA).
- Proposed Judgment Forms: Fill out the Judgment (FL-180) form. On that form, you’ll check boxes indicating what orders the judge should make (property division, spousal support, child support, custody, etc.) and typically attach additional pages or the agreement covering each of those. Include the Notice of Entry of Judgment (FL-190) form as well, with addressed envelopes to each party so the clerk can mail the notice of judgment.
Finally, organize the packet in the order your court prefers (many courts have a local checklist – for example, some want the judgment form on top, others want the FL-170 on top). Do a last check: is everything signed (including the agreement by both parties, all declarations by the appropriate party, every form that needs a signature)? Any blanks that needed to be filled in? It can help to use a judgment checklist from your court or self-help center to ensure nothing is missing.
Now you’re ready to submit your documents to the court for approval. The judge will review FL-170 and all attachments. If everything is in order and lawful, the judge will sign the Judgment, and the court will mail you the Notice of Entry of Judgment, officially ending the marriage.
(If the court finds an issue with your paperwork, they may send a “deficiency notice” or “rejection” explaining what needs correction. Don’t be discouraged – fix the issues and resubmit. Common deficiencies include missing forms or attachments, inconsistent information, or not initialing a change made to a form. This is why that final review is so important.)
Examples: Filling Out FL-170 in Common Divorce Scenarios
To illustrate how Form FL-170 is used, let’s look at three common scenarios and what the form would look like in each. These examples will highlight differences in what boxes to check and how to address various sections of the form.
Default Divorce (No Response from Spouse)
Scenario: You filed for divorce and properly served your spouse, but they never filed a response. You are proceeding by default. In this example, there are no minor children. There is some property to divide, but no written agreement (since the spouse didn’t participate).
| Consideration | Details in Default Scenario |
|---|---|
| Other spouse’s participation | None. The respondent did not answer the Petition. The court entered their default after the 30-day response period passed with no response. |
| Agreements | No agreement. The case is one-sided. All relief to be granted is exactly what was requested in the Petition. (No new or additional requests have been made beyond the petition.) |
| Children | None. (If there were minor children in a default, the petitioner would propose custody and support orders. In many courts, a default with children may require a brief court hearing or additional scrutiny to ensure the orders are in the children’s best interest.) |
| Property and Debts | Some community property exists. The petitioner attached a Property Declaration (FL-160) listing the couple’s assets (e.g., a car, some bank accounts) and debts (a credit card). On FL-170, the petitioner checked the box stating assets and debts are listed on FL-160 and that the proposed division is fair and equal. For example, the Petitioner proposes to keep the car (and its loan) and one bank account, and the Respondent will keep the other bank account. This matches what was asked for in the Petition. |
| FL-170 Key Points | The petitioner checks the box for “Default without agreement.” They affirm that no response was filed and no agreement exists. They indicate the respondent’s default was entered. They also check that the preliminary disclosures were served and that they waive final disclosure from the respondent. The grounds for divorce are marked as irreconcilable differences. The petitioner requests restoration of her former last name on the form (since the respondent isn’t involved to object). |
In this default scenario, FL-170 basically tells the judge, “My spouse didn’t participate, and I’m asking for the divorce and other orders exactly as I outlined in my Petition.” Because there’s no agreement and the other side didn’t respond, the petitioner had to provide a Property Declaration to cover asset division, and took care to only request the things she initially asked for (no surprises). If all checks out (service was proper, default entered, requests are within what the petition asked), the judge will grant the divorce and orders.
Uncontested Divorce with Minor Children
Scenario: Both spouses filed paperwork in the case (the respondent filed a response) and they eventually reached a full settlement. They have two minor children. The agreement covers custody, child support, property division, and all other matters. They want to finalize the divorce by stipulation without a trial.
| Consideration | Details in Uncontested Divorce (With Kids) |
|---|---|
| Other spouse’s participation | Active. The respondent filed a response to the divorce and has been involved in negotiating the settlement. Both parties have signed a Marital Settlement Agreement covering all issues. |
| Agreements | Comprehensive Marital Settlement Agreement. It details legal and physical custody (e.g., joint legal custody, with Mother having primary physical custody and Father having parenting time per a schedule), child support, division of property, division of debts, and waiver of spousal support (each party waives support). This written agreement is attached to the judgment for court approval. |
| Children | Two minor children, ages 8 and 10. The settlement includes a detailed parenting plan (attached to the judgment, often using form FL-341 or similar). For example, parents agree Father has the kids every other weekend and shared holidays. Child support has been calculated: the guideline amount was determined to be $500 per month payable by Father, and that is exactly what the agreement provides (Father will pay Mother $500/mo in child support). The agreement also covers health insurance for the kids and how parents will split any uninsured medical costs (50/50). A UCCJEA form was filed at the case start and remains accurate. Neither child is on public assistance, so no involvement from the local child support agency is required. |
| Property and Debts | All property issues settled. The couple’s house will be sold and they will split the proceeds. Each will keep their own retirement accounts. They’ve divided household furniture and personal property by mutual agreement. They listed these divisions in the settlement agreement. Because they have a written agreement, no FL-160 is attached; FL-170 just notes that a written property agreement has been made. |
| FL-170 Key Points | The petitioner checks the “Uncontested (both appeared) with written agreement” option. FL-170 indicates that both parties have appeared in the case and that a written agreement is submitted for approval. The petitioner checks the box stating that both parties waived the final declaration of disclosure (indeed, they signed a Form FL-144 waiver). In the child section of FL-170, the petitioner notes that custody and visitation orders are as in the proposed judgment (which incorporates their parenting plan), and that a guideline child support calculation is attached (to show the $500 figure is guideline). They confirm neither party is receiving public assistance, so no agency sign-off is needed. For spousal support, the petitioner checks the option that jurisdiction is terminated for both parties – since the agreement says both waive spousal support forever, they want the court’s ability to award future support terminated. The grounds for divorce (irreconcilable differences) are affirmed. No name changes are requested on FL-170 because both spouses are keeping their current last names. |
In this uncontested scenario, FL-170 is largely a formality because the heavy lifting is done by the settlement agreement. The petitioner uses FL-170 to assure the court that all legal prerequisites are met (disclosures, etc.) and to ask the court to approve the attached agreement. Judges tend to approve settlements like this as long as child support is at least guideline (or proper procedures were followed for any deviation) and everything necessary is in the file. The family is spared a trial, and the orders for custody and support become part of the judgment.
Uncontested Divorce without Children
Scenario: A couple with no children agrees on an uncontested divorce. The respondent did not formally respond to the petition, but cooperated fully through an out-of-court agreement. They divided their assets and debts by agreement and both waive spousal support. This is sometimes called a “default with agreement,” but since the spouse is cooperating (just not formally appearing), it effectively functions like an uncontested case.
| Consideration | Details in Uncontested Divorce (No Kids) |
|---|---|
| Other spouse’s participation | Limited but cooperative. The respondent chose not to file an official response (saving the filing fee), but did sign a notarized Marital Settlement Agreement and also signed an Appearance, Stipulations, and Waivers (FL-130) form. That FL-130 form acknowledges receipt of the petition, waives further formal service, and waives the right to trial – it’s basically the respondent saying, “I’m not contesting anything and I’m fine with the court proceeding to judgment.” |
| Agreements | Complete Settlement Agreement. All issues are addressed in a written agreement: division of assets (e.g., each keeps their own vehicle and bank accounts, they divided household items mutually), division of debts (each pays their own credit cards, jointly owned credit card was paid off and then closed), and spousal support (both waive it). The agreement might also state that neither party will have any claim against the other’s future earnings or estate. This agreement is presented to the court with the judgment. |
| Children | None. Because the couple has no children together, sections of FL-170 regarding child custody and support are not applicable. (The petitioner might write “None” or “N/A” in those sections or simply leave them unchecked, as there are no minor children of the marriage.) |
| Property and Debts | Handled by agreement. For example, the agreement says the marital condo they owned is to be sold and the proceeds split 50/50. Until it’s sold, both will equally share the mortgage payments. Each spouse keeps the vehicle currently in their possession, with each responsible for their own car loan. They’ve divided smaller items like furniture and electronics to their satisfaction. All this is detailed in the settlement agreement. Since there is a comprehensive agreement, the petitioner doesn’t use FL-160; instead, FL-170 will note that a written property agreement has been made. |
| FL-170 Key Points | The petitioner checks “Default with written agreement” on FL-170 (because technically no response was filed, it’s proceeding by default, but with a full agreement in place). They indicate that the original written agreement is submitted for court approval. The petitioner confirms that they served and filed their preliminary disclosures and that both parties waived final disclosures (the agreement itself states that both waive further disclosure and the FL-144 waiver form is attached, signed by both). On spousal support, the petitioner checks the options indicating that both parties waive support and ask to terminate the court’s jurisdiction over spousal support. (Typically, they’d check the box for waiving their own right and the box to terminate for the other party as well, so it’s clear neither can come back later for support.) Since there are no children, the child-related parts of FL-170 are left blank or marked not applicable. The petitioner still marks the grounds for divorce as irreconcilable differences. This couple also decided that the respondent wife will take back her maiden name. Although the respondent didn’t appear, she signed a notarized request in the settlement agreement to restore her name. The petitioner includes on FL-170 that the respondent requests restoration of her former name to Thompson (often, a simpler way in default cases is the respondent can later file a separate name change form, but in some courts the judge will honor it if it’s clearly in the agreement). |
These examples show how FL-170 can flex to different situations: pure default, uncontested with kids, uncontested without kids. The main differences lie in which boxes you check (default vs uncontested) and what additional documents you include (like FL-160 for listing property when no agreement, or support calculations when kids are involved).
Key Related Forms and Legal Concepts
When filling out FL-170 and going through a divorce, you’ll encounter a constellation of forms, courts, and legal terms. Understanding these will give you a clearer picture of the process and how FL-170 fits in:
- Summons (FL-110) and Petition (FL-100): These start the divorce. The Summons officially notifies your spouse of the divorce case and contains standard restraining orders (called ATROs in California). The Petition outlines what you are asking for (dissolution of marriage, and often initial requests regarding property, support, etc.). Everything you request in a default judgment must generally have been asked for in the Petition. FL-170 comes at the end to confirm you’ve met requirements and to finalize those requests.
- Proof of Service: Courts require proof that the respondent was properly served with the initial papers. This could be a Proof of Service of Summons (FL-115) if a person or process server handed the papers to your spouse, or a proof of publication if service was by publishing in a newspaper. Without proof of service in the file, a default cannot be taken. FL-170 will be ineffective if service wasn’t done correctly, because the judge won’t proceed. In New York, an Affidavit of Service is similarly required. Always ensure your proof of service is filed early on.
- Request to Enter Default (FL-165): In a default case, after the response deadline passes and assuming your spouse hasn’t responded, you file this form to tell the court the respondent is in default. The clerk then formally “enters default” which cuts off the respondent’s right to answer. You typically attach an Affidavit of Mailing showing you mailed a copy of the Request for Default (and possibly the proposed judgment) to the respondent’s last known address. Entering default is a critical step. FL-170 in a default won’t be considered unless default has been entered (or is being processed at the same time). In some courts, you submit the default request and the judgment together – in others, you do default first, then wait for default to be entered, then do the judgment. Check your local procedure. (In NY, you don’t have a specific default form; instead, the Affidavit of Plaintiff states that the defendant defaulted, and you often include a clause in the attorney’s Affirmation of Regularity that default was noted.)
- Servicemembers Civil Relief Act (SCRA) Declaration: When a party defaults, courts must ensure they are not on active military duty (because active servicemembers have special protections against default judgments). In California, either the Request to Enter Default form or an attached declaration covers this – you declare whether the respondent is in the military or not, and how you know. In New York, typically you include an affidavit (often called an Affidavit of Non-Military Service) confirming the defendant is not in the military. If you’re not sure of your spouse’s status, the court might not grant a default until you find out or the Servicemembers Act requirements (like appointing an attorney for an absent servicemember) are met. This ties into FL-170 because in it you might implicitly state things like “default was entered” – which presupposes SCRA compliance. It’s a behind-the-scenes necessity to be aware of.
- Marital Settlement Agreement (MSA): This is the contract between spouses that resolves all issues (property division, support, custody, etc.). If you have one, it’s the linchpin of your uncontested divorce. The judge will usually attach it to the judgment and order both parties to comply with it. Make sure your MSA is clear and addresses everything – once it’s merged into the judgment, it’s enforceable like a court order. FL-170 refers to the existence of an agreement but doesn’t detail its terms – that’s what the MSA is for. New York’s equivalent is often called a Stipulation of Settlement, which gets incorporated into the divorce judgment.
- Judgment of Dissolution (FL-180): This is the actual divorce judgment form in California. It’s a cover sheet that the judge signs, and it will have lots of checkmarks and attachments detailing the orders. In New York, the “Judgment of Divorce” is a multi-page order prepared by the plaintiff (or their attorney) for the judge’s signature. FL-170 is not the judgment – think of FL-170 as the testimony, and the Judgment as the verdict/order. They go hand in hand; FL-170 basically tells the judge, “You can sign the Judgment because here are all the facts needed and all the i’s dotted and t’s crossed.”
- Court System (California vs. New York): It’s useful to know that in California, divorce cases are handled in the Superior Court – Family Division. Each county’s Superior Court might have multiple branches, but family law cases go to family court departments. FL-170 is a California Judicial Council form and will be accepted in every county. In New York, divorce cases are in the Supreme Court of the county (despite the confusing name, Supreme Court in NY is a trial court). Family Court in NY deals with things like child support or custody outside of divorce or for unmarried parents. But once you’re divorcing, the Supreme Court can handle all those issues. So, if you had a custody or support case in Family Court, you typically consolidate or update those orders in the Supreme Court divorce. Post-divorce (for modifications of support or custody later), parties might go to Family Court. For FL-170’s purposes, just recall: you file in the right court (California Superior or NY Supreme) and understand the division of roles. New York’s Unified Court System provides different forms, but the overall goal (an uncontested divorce on paper) is achieved through analogous documents.
- Affidavit vs. Declaration: As noted earlier, California uses “declarations” under penalty of perjury (no notary required if wording is correct), whereas New York uses “affidavits” sworn before a notary. FL-170 is a Declaration. If you see the term “affidavit” on some websites or court info, often they are talking generically about a sworn statement. In practical terms, just follow the format of your state’s forms. If you’re mixing and matching (say, reading about FL-170 but you’re in NY), remember FL-170 = Affidavit of Plaintiff in terms of purpose.
- Notary and Signatures: Most forms in a California divorce (including FL-170) do not need to be notarized – just signed with the proper penalty of perjury language. One exception is if a defaulting respondent signs a settlement agreement, that agreement should be notarized for the judge to accept it (to verify it was truly signed by them). In New York, the Affidavit of Defendant (if the defendant is submitting one to avoid default) must be notarized, and the Affidavit of Plaintiff is notarized. Why mention this? Because people sometimes get confused when going from one state to another. If you’re reading a guide about FL-170 (CA) and applying it to NY, note the slight procedural differences (e.g., notarization). Conversely, a Californian reading NY materials might wonder “where do I notarize?” – for FL-170, you don’t.
- Local Rules and Forms: Beyond the statewide forms, always check if your county court has any local forms or requirements. For instance, some courts require a status report or appearance at a short hearing if a case has dragged on for a certain time. Others might require a Notice of Settlement or have local forms for default cases (like Los Angeles County’s judgment checklist). New York counties sometimes have part rules (judge-specific rules) for uncontested divorces. While FL-170 itself is a universal form in California, the process around it can have local quirks.
- Finality of Divorce: Note that in California, a divorce cannot be finalized (even if the judge signs everything) until the 6-month waiting period has passed. The judgment will often list an “effective date” which is the date marital status ends. It could be the date the judge signs, if 6 months have passed, or a later date if the judgment was entered earlier. In New York, there’s no similar built-in waiting period once papers are submitted (beyond any residency requirement), so a divorce can be final as soon as the judge signs and the judgment is entered by the clerk. FL-170 isn’t about the timing, but it’s a common question: “If I turn in FL-170 today, when is the divorce final?” The answer: in CA, no sooner than the 6-month mark; in NY, when the signed judgment is entered (could be a few weeks or months after submission depending on backlog).
In sum, FL-170 is one piece of the larger divorce puzzle. It interacts with all these forms and concepts. The better you understand the whole picture – serving the summons, entering default, exchanging disclosures, writing agreements, and preparing judgments – the easier it is to complete FL-170 correctly. And completing FL-170 correctly, in turn, helps ensure the judge can sign your final judgment without a hitch.
Common Mistakes to Avoid When Using Form FL-170
Divorce paperwork is detail-oriented, and mistakes can cause rejection or delays. Here are some common mistakes people make with FL-170 (and related judgment forms) – and how to avoid them:
- Leaving Sections Blank or Incomplete: Every relevant part of FL-170 should be filled in. Don’t skip a section just because you think it doesn’t apply without indicating that it’s not applicable. For example, if you have no children, it’s wise to write “None” or “N/A” in the child-related sections so the court knows you didn’t overlook them. If a particular checkbox statement doesn’t apply, either don’t check it at all or write “N/A” if there’s a blank – leaving questions unanswered can make the clerk think you forgot something. An incomplete form may be rejected, meaning you have to resubmit and wait longer.
- Inconsistent Information: Make sure the information on FL-170 is consistent with your other divorce documents. The names of the parties and the case number should match exactly what’s on your petition. The relief you request on FL-170 and in your proposed judgment should not go beyond what you asked for in your petition (in a default). For instance, if your petition didn’t mention spousal support, but your FL-170/judgment suddenly asks for support, the court will likely reject that – you can’t get a default judgment on a matter you never put the other party on notice about. Similarly, ensure dates (like date of marriage, separation) and other key facts align with those in your petition and any agreements. Judges and clerks do catch contradictions – e.g., the petition says no real estate, but the judgment tries to award a house – and that will stop your judgment from being entered.
- Not Attaching the Written Agreement (or Other Attachments): If you indicate that there’s a written settlement, you must attach the original signed agreement (or a duplicate original) to the judgment for the judge to review and sign off on. A very common mistake in uncontested cases is forgetting to actually include the MSA. The court doesn’t have it just because you mention it – you must provide it. Likewise, if you checked a box that says “see attachment 5a” or something on the judgment, ensure you include that attachment. For child support, if you say a calculation is attached, attach it. Missing attachments will cause the judgment to be rejected. Go through each item you checked on FL-170 or the judgment form and verify that any referenced document is either in the file already or included in your packet.
- Forgetting to Address Military Status: In default cases, failing to address whether the respondent is in the military is a showstopper. Under federal law (SCRA), the court cannot issue a default judgment until it’s satisfied the absent spouse isn’t on active duty (or if they are, certain protections have been put in place). If your spouse defaulted, you should submit an Affidavit of Non-Military Service (or include that information in your default request). Many judgment rejections happen because the clerk writes “Need military affidavit.” In California, you usually handle this with the Request to Enter Default form (Item 8 on FL-165) by checking the appropriate box and maybe attaching Department of Defense verification. In New York, you’d typically include a separate affidavit. Double-check you did this step – it’s easy to overlook if you didn’t know about it.
- Exceeding What You Asked For (Default Cases): This bears repeating: in a default, you cannot get relief that was not in your original petition. If you asked for no spousal support in the petition, you can’t suddenly get support in the judgment – nor can you suddenly terminate the other’s support rights if you didn’t mention that. You also cannot divide property in a way that wasn’t hinted at; for instance, if your petition said nothing about the house because you thought it was separate property, but legally it’s community property, you can’t later try to get a court order giving it entirely to you by default. The solution if something was omitted is usually to amend the petition before taking the default. So, review your petition and ensure your judgment (and FL-170) align with it. A common mistake is to reach an agreement with a defaulting spouse on something different (say, you decided to waive spousal support later even though the petition asked for it) – if so, the respondent should probably be brought into the case (by a Response or Appearance) to make that agreement valid, or you should amend the petition before judgment. In any case, never ignore the “not beyond the petition” rule. Courts will check this meticulously.
- Not Accounting for All Issues: Sometimes a judgment is rejected because something was left unaddressed. For example, you might have covered custody, support, property, but you forgot to address the restoration of wife’s former name – the court won’t reject for that alone (they’ll just leave the name as is), but consider another example: you have a pension to divide and you vaguely mentioned it in the petition, but then your judgment is silent on it. That could be a problem – the court might want to know what’s happening with that pension (perhaps you need a QDRO, a separate order, or a statement that each keeps their own retirement). Another scenario: you mark a box in the petition about “community debts to be confirmed” but then provide no info. By the time you do the judgment, ensure every loose end is tied up: Who gets which car? What happens to the lease? Is anyone changing their name? If there’s something you decided to handle informally (like “we’ll each pay our own student loans”), at least mention that so the court isn’t left wondering. FL-170 and the judgment together should cover every issue required by law.
- Using the Wrong Form Version or Format: As forms get updated, using an outdated version can be an issue (though usually clerks aren’t too strict if the content is the same). Always try to use the latest version from the court’s website. Also, some people mistakenly fill out FL-170 for a contested case (which isn’t appropriate), or they submit an Affidavit of Plaintiff meant for NY to a California court (which would be rejected). Make sure you’re using the correct forms for your state and case type. For instance, if you have a legal separation or nullity (annulment) case, FL-170 can be used too (it’s for “dissolution or legal separation”), but you’d adjust what you request (in an annulment, the ground would be something like void marriage for bigamy, etc., which usually requires a hearing – FL-170 might not suffice for annulment because you need to prove grounds). Just an example that if your case is unusual, the default method might not be identical.
- Not Following Local Procedures: This is a softer mistake, but still common. Each court might have local nuances. Some California courts require you to submit two self-addressed stamped envelopes (one for each party) with the judgment so they can mail the notice of entry – if you forget, your judgment might sit or be returned. Some courts want a judgment checklist attached, or for you to paperclip sets of documents. In New York, some counties require a transcript of the marriage if it was a religious ceremony (the “Removal of Barriers to Remarriage” affidavit). If you ignore something like that, it could hold up your divorce. So be sure to read any local instructions. Many courts have self-help centers or family law facilitator offices (in CA) that publish steps and checklists – use them. Missing a local form or required step (like a parent education class certificate in some jurisdictions) is a preventable error.
- Unsigned or Undated Forms: It sounds obvious, but it happens – you’re so busy assembling forms that you forget to sign FL-170 or forget to date it. Or maybe you and your spouse signed your settlement agreement but not on every signature line required (like maybe there’s a notary section one of you missed). The court can’t enter a judgment with unsigned paperwork. Double-check all signature lines: FL-170 (signed by petitioner), any affidavits (signed and notarized if needed), the agreement (signed by both, notarized if required), the judgment (some judgments require party signatures if submitted by stipulation), etc. Also, where a date is needed (like at the end of FL-170 or on the agreement), make sure it’s there. An undated signature isn’t fatal by itself, but best practice is to date everything – some courts may not care, but it’s good form to have dates to show when each part was completed.
- Poor Legibility or White-Outs: If the judge or clerk can’t read something, it could be a problem. Always type or neatly handwrite. If you made a mistake and corrected it on a form, initial the change. Do not use white-out – draw a line through the error and write the correction, initial it. Clerks sometimes reject forms with white-out because they need to be sure nothing was altered after signing. Legibility is crucial, especially for names, case numbers, and financial numbers. If your writing is messy, get help to fill it out or use the computer fillable version. Remember, these forms become part of the official record and you want them clear.
By being mindful of these pitfalls, you increase the chances that your judgment will sail through. When in doubt, it’s absolutely fine to consult the court’s family law facilitator or self-help attorney (in California) or an attorney for an hour or two just to review your documents. It is much better to catch and fix a mistake before submitting to the court, rather than having it bounced back after weeks of waiting. A little extra diligence goes a long way toward a smooth, final divorce process.
Pros and Cons of Different Divorce Filing Methods
Not everyone handles their divorce in the same way. The approach you choose (doing it yourself, getting help, or lawyering up) can affect how the process goes. Here’s a comparison of the common methods of filing/handling a divorce:
| Method | Pros | Cons |
|---|---|---|
| DIY (Self-Representation) | – Lowest cost: You avoid attorney fees, paying only filing fees and perhaps notary or mailing costs. – Control: You have full control over the case timeline and decisions. You can prepare forms like FL-170 on your own schedule. – Learning experience: You’ll become knowledgeable about the process and forms, which can be empowering. | – Time-consuming: You must do all the research, form-filling, and court visits yourself. It can be overwhelming to learn the legal requirements (e.g., which forms to file when, how to serve, etc.). – Risk of errors: If you misunderstand something, you might fill a form incorrectly or omit a step, causing delays (for instance, a misfiled FL-170 or missing document can lead to rejection). – Emotional stress: Handling legal work during an emotional time can be taxing. Without an attorney buffer, you might have to communicate directly with a spouse who could be difficult. |
| Online Divorce Services or Legal Document Preparers | – Guidance on paperwork: These services (or freelance paralegals) often provide completed forms based on your answers, which can simplify the process. They’re familiar with forms like FL-170 and can ensure they’re filled out with the right legal phrasing. – Relatively affordable: While not free, they are cheaper than hiring a personal attorney. This is good for uncontested cases where you just need help with documentation. – Convenience: Many online services let you do everything from home, step by step, and some even handle the court filing for you. | – Not legal advisors: Most of these services cannot give you legal advice or represent you in court. They fill in forms, but they won’t tell you if your agreement is unfair or if you could be missing out on rights. They also won’t catch if something is a bad idea – they just execute your instructions. – Quality varies: Some online services are excellent, others not so much. There’s a risk of generic solutions that might not account for local nuances (e.g., they might not remind you about a local form or specific county rule). You must still review everything – mistakes on forms prepared by others are ultimately your responsibility. – Limited scope: If your uncontested divorce suddenly becomes contested (say you and your spouse disagree unexpectedly on something), an online service won’t negotiate for you or go to court. You’d then have to switch to another method (like hiring an attorney or mediator). |
| Hiring an Attorney | – Expertise: A family law attorney knows the process inside-out. They will ensure all forms (FL-170, FL-180, etc.) are filled correctly and that you haven’t missed any issues. They can give strategic advice – for example, suggesting provisions in your agreement you might not have considered. – Negotiation and Advocacy: If you and your spouse have disagreements, an attorney can negotiate on your behalf or advocate for you in court. They can also handle difficult communications, acting as a buffer if things are tense. – Peace of mind: Having a professional handle the case reduces your stress. You don’t have to worry about procedural hurdles or what to do if the court rejects something – your attorney will fix it. If the other side has a lawyer, hiring one for yourself levels the playing field. | – Cost: Attorney fees can be significant. Even for an uncontested divorce, many lawyers charge a flat fee or hourly rate that adds up (perhaps a few thousand dollars in a simple case, more if complications arise). If the case turns contested, costs can skyrocket with court appearances and discovery. – Less direct control: When you hire an attorney, you’re delegating a lot of decisions to them (with your input). Some people feel a bit out of the loop or frustrated if their attorney moves slower or differently than they’d hoped. You also often communicate with your spouse through attorneys which can slow things down (scheduling can mean back-and-forth letters or calls). – Emotional distance: While an attorney provides objective advice (a pro), they may discourage some “day in court” moments you feel you want, or steer towards compromise when you want a fight (or vice versa). Essentially, their goals of efficiency and avoiding unnecessary steps might conflict with any emotional need you have to feel heard in court (though ultimately, a good attorney balances both). |
| Mediation or Collaborative Divorce (professional-assisted settlement) | – Cooperative approach: In mediation, a neutral mediator helps both spouses reach a mutually acceptable agreement. This can reduce conflict and lead to more tailored solutions than a court might impose. In collaborative divorce, both spouses hire collaborative attorneys and agree to settle without court, often working with other professionals (like financial advisors or therapists) as a team. – Can save time and money: If successful, mediation or collaborative law avoids the drawn-out battle of court. Many reach a full agreement faster and with far lower legal fees than a fully litigated case. Once an agreement is reached, one of the attorneys (or a hired document preparer) will handle the paperwork (including FL-170) properly. – Better for relationships: This approach tends to preserve a working relationship between spouses, which is especially beneficial if you have children and will be co-parenting. The focus is on win-win solutions rather than win-lose. | – May not succeed: If one or both spouses are not truly cooperative or are hiding information, mediation can fail. Collaborative divorce ends if either party goes to court – meaning if it fails, you have to start over with new attorneys for litigation (which adds cost). So there’s a risk of time and money spent without a guaranteed result. – Cost for professionals: While often cheaper than a full court battle, mediation isn’t free (mediators charge a fee, though sometimes courts offer a day of mediation for custody issues at low cost). Collaborative divorce involves paying multiple professionals (two lawyers, maybe a coach, maybe a financial neutral). Those bills can add up, though ideally far less than trial prep. If your case is very simple, these methods might be overkill. – Requires willingness: Both parties must be willing to negotiate in good faith. If one spouse is very hostile, dishonest, or simply wants their “day in court” to vindicate themselves, mediation/collaborative will be an uphill battle. Also, you need both to be somewhat equitable – an imbalance of power (emotional or financial) can skew the process if not carefully managed. |
Bottom line: If your divorce is straightforward and amicable, a DIY approach or using an online service can work well (just double-check everything). If there’s any complexity or contention, involving an attorney or mediator might save you headaches and future regrets. Many people start one way and pivot: for instance, you might try DIY, then hit a snag with the judgment forms and consult a lawyer just to review those. Or you might start with lawyers, then once an agreement is drafted, you finish up the filing yourself to save a bit on final paperwork.
No matter which method, remember that FL-170 (or the equivalent affidavit) is ultimately a summary of your case’s compliance and agreements. Whether you or an attorney completes it, the information should be accurate. The method of handling the divorce is just the road taken to reach that final paperwork.
Comparing Divorce Types: Default vs. Uncontested vs. Contested
It’s also helpful to clarify the terminology of different divorce types:
- Default Divorce: This happens when the respondent doesn’t participate. They were served with the divorce papers and failed to file a response within the required time. The petitioner can then request a default judgment. In a default, only the petitioner’s side of the story is considered, and the court typically grants the requests as long as they’re reasonable and were in the petition. A default divorce is usually quickest because there’s no back-and-forth litigation – but it assumes the respondent remains inactive. FL-170 is heavily used in defaults as the way to give the court evidence (since the respondent isn’t there to sign an agreement or testify). One thing to note: if the respondent later wakes up and realizes what happened, they can motion to vacate (set aside) the default within certain time frames if they have a valid reason (like never being served, or excusable neglect). So default isn’t always the end if the absent spouse has grounds to reopen the case. Still, many defaults go through to final judgment and the respondent simply moves on.
- Uncontested Divorce: “Uncontested” generally means the respondent is involved but not fighting the divorce. This can take a few forms: (a) the respondent answered the petition but ultimately you reach a full settlement (so there’s no trial needed), or (b) the respondent didn’t answer formally but you have an agreement or understanding (often handled as a default with agreement). In both cases, there’s no dispute for the judge to resolve – either because of agreement or because the respondent chooses not to contest anything. Uncontested divorces are common and are the ideal if both parties communicate. They can be achieved through negotiation directly between spouses, mediation, or just one spouse not opposing. FL-170 (or the affidavits in NY) is still needed to finalize an uncontested case without a hearing – it’s your written testimony that the requirements are met and the agreement is fair. Uncontested divorces tend to be less acrimonious and cheaper than contested ones. Importantly, even in an uncontested scenario where both are friendly, you must dot all i’s and cross all t’s (file all forms, follow procedure), because the judge won’t just take your word that it’s uncontested – they need the paperwork (like FL-170) in proper order.
- Contested Divorce: A divorce is “contested” when the spouses disagree on one or more key issues and require the court to decide. This means the respondent did respond (or otherwise appeared) and is actively disputing something – it could be as major as custody or as minor as who keeps the dining table. Contested divorces involve multiple court hearings, possibly a trial, and often extensive legal work (discovery, motions, etc.). FL-170 is not used in a fully contested trial because the case would be resolved by a judge’s decision after hearing evidence (or by a jury in extremely rare divorce aspects like marital status in some states, but not in CA/NY which are no-fault). However, note that many contested cases settle eventually – even on the trial day outside the courtroom, people often strike a deal. The moment a contested case reaches a settlement, it essentially becomes uncontested for the purpose of finalizing, and at that point, parties would use a form like FL-170 to avoid an actual in-court prove-up of the settlement. In a purely contested scenario, though, you wouldn’t be submitting FL-170 – instead, after trial, the judge prepares a judgment (or asks the lawyers to prepare one) based on the rulings. Contested divorces can be very time-consuming (sometimes taking a year or several years) and expensive. They can also be emotionally brutal. Sometimes a contested approach is necessary (for example, if one side is hiding assets or being completely unreasonable, you need the court’s intervention), but courts always encourage settlement if possible. Even in a contested divorce, there might be uncontested pieces – like you might agree on property division but not on child custody; those agreed parts can be settled and you contest only the remaining issues.
To put it another way, default and uncontested are somewhat siblings – in both, the court isn’t asked to resolve a dispute, so the process is more about paperwork. Contested is a different animal – it’s litigation, with the court actively involved in making decisions due to the parties’ conflict.
One more concept: Fault vs. No-Fault. In modern practice (especially in CA and NY), almost all divorces are no-fault. New York was the last state to adopt no-fault (in 2010). Fault grounds (like adultery, cruel and inhuman treatment, etc.) still exist in NY, but they’re rarely used because no-fault (“irretrievable breakdown”) is usually simpler and sufficient. California is strictly no-fault (irreconcilable differences). Fault might play a minor role in things like marital misconduct affecting support (in some states, not generally in CA/NY) or custody (if one parent’s behavior affects the children). But you don’t plead those in the divorce paperwork for CA/NY. So, FL-170 simply uses irreconcilable differences as the ground (in NY’s affidavit, you’d state the breakdown of the relationship). A fault-based divorce, by definition, would be contested because the accused spouse could defend against the allegation (like try to prove there was no adultery, etc.). Those are now relic scenarios in most places. Why mention this? Just to clear confusion: sometimes people think “contested” means “I have a reason to blame my spouse.” No, contested just means you haven’t agreed on all terms. You can have a very bitter divorce (emotionally) but if you agree on terms, it’s uncontested legally. Or you can have no personal hard feelings but have a genuine dispute over, say, a business – that’s contested legally. Fault isn’t a major player in the paperwork stage with forms like FL-170.
Knowing these types: if you’re default or uncontested, you’ll be doing what this guide has described (ensuring all forms like FL-170 are correct). If you’re contested, you might skip using FL-170 unless and until you settle, at which point you effectively switch into uncontested mode to finalize the paperwork. Always aim for uncontested if at all possible – it’s cheaper, faster, and more private. Reserve contested for when you truly need a judge’s decision. And if a default is possible (perhaps the other spouse truly doesn’t care to participate), use that path but be very careful to do it right (courts do scrutinize default judgments to make sure they’re fair on their face, especially if kids or significant property are involved).
Frequently Asked Questions (FAQs)
Q: Does Form FL-170 exist in New York’s divorce forms?
A: Not exactly. New York has its own set of forms. The closest equivalent to FL-170 in purpose is the Affidavit of Plaintiff in an uncontested divorce packet. FL-170 is a California form. If you’re divorcing in NY, you’ll use the UD-series forms (like UD-6 for the plaintiff’s affidavit) to achieve the same goal of proving your case on paper.
Q: Do both spouses need to fill out their own FL-170 forms?
A: No. Only one FL-170 is filed, usually by the petitioner (the spouse who started the case). It contains information about both parties (their names, the case number, etc.), but it’s just one form with one person’s signature. The respondent does not submit an FL-170. If both parties are cooperating, they’ll instead both sign the marital settlement agreement and possibly both sign a stipulation waiving final disclosures, but they won’t each do an FL-170. (In a rare situation where a respondent filed a response and the petitioner flaked, a respondent could possibly proceed to judgment – they’d then fill out FL-170 as the party moving for judgment – but that scenario is uncommon.)
Q: Do I have to serve my spouse with a copy of FL-170 or the judgment forms?
A: In California, when you’re pursuing a default, once the default is entered, you typically do not have to serve the FL-170 or judgment on the defaulting spouse (because they’re no longer entitled to notice, having not appeared – except you do mail a copy of the Request to Enter Default itself as a courtesy, and in some counties a proposed judgment). If the case is uncontested with a response on file, often both parties (or their attorneys) will sign off on the judgment, so each is aware of what’s being submitted. In New York, if the defendant defaulted, you will serve a Notice of Entry of the final judgment after it’s signed (to start appeal time, etc.). Check local rules: some courts in CA like when the moving party (petitioner) serves a filed copy of the judgment on the other party even if default – but it’s not a prerequisite to entry. Short answer: FL-170 itself usually isn’t served on the other spouse formally; it’s a declaration to the court. It’s good form, however, to share copies of all submitted paperwork with your spouse or their lawyer to maintain transparency (except perhaps not before default is entered, to avoid a last-minute spoiler response if you’re expecting default).
Q: When do I file FL-170 in the divorce process?
A: FL-170 is filed at the end of the case, as part of your judgment packet. You will have filed the petition, served it, waited for the response period (and 6-month statutory period in CA), maybe filed a default or reached an agreement, and gathered all required forms. The FL-170 goes in with the bundle of final papers you submit to the court to get the divorce judgment. If you’re wondering in terms of timeline: after you’ve either gotten a default entered or a signed settlement from your spouse, and after you’ve done the preliminary disclosure (and final disclosure waiver, if applicable). It’s one of the last forms you’ll deal with, not one of the first.
Q: My spouse defaulted. Can they later contest anything after I submit FL-170 and get the judgment?
A: Once a default judgment is entered, the respondent can try to contest it by filing a motion to set aside (vacate) the default and default judgment, but they must have valid grounds and do it timely. Valid grounds could include: they were never properly served with the divorce papers initially (so the default is void), or they had excusable neglect (e.g., they were incapacitated or never understood the paperwork) or fraud occurred (maybe you hid the case from them). In California, they generally have 6 months from when the default judgment was entered to ask for it to be set aside (under CCP 473) for reasons like mistake, inadvertence, surprise, or excusable neglect. There are also longer periods for fraud or if they weren’t served. In New York, they can also move to vacate a default judgment, typically within a year of learning of it, and they need both a good reason for defaulting and a meritorious defense on the issues. If they never show up at all, nothing happens and the default judgment stands. So, yes, even after FL-170 is filed and judgment given, there’s a window where a defaulting spouse might contest – but it’s not straightforward: they have to convince the court to reopen the case. If your question was more about after the divorce is final, can they dispute specific things like property division? Generally no, not if they fail to set it aside (except perhaps appeal within a limited time, but you can’t appeal something you chose not to participate in). Moral: make sure the default judgment is fair and properly done, to withstand any attempt to overturn it.
Q: Our divorce is amicable and we agree on everything. Do we still need to go through all these forms and steps?
A: Yes, even if it’s 100% amicable and mutual. The court process must be followed to legally dissolve the marriage. Being amicable certainly helps – you can streamline things (maybe use one lawyer to draft everything or a mediator, etc.), but you still need to file the petition, do disclosures (at least initial ones in CA), and submit the correct judgment forms. Many couples mistakenly think if they both sign an agreement and maybe a notary, that’s all they need. While that agreement is key, it’s not a substitute for the official court forms and judgment. You’ll use that agreement as an attachment to the judgment. And forms like FL-170 still need to be filed to tell the judge to finalize it on that agreement. The good news is amicable couples usually move through the steps much faster – no one is delaying or fighting. In some states, truly amicable spouses can even file together (CA doesn’t allow a joint petition for divorce, but some states do). In California, you can shorten the process a bit by doing a stipulated judgment (which is essentially what this guide covers: both agree, fill out forms, get judgment without hearing). In sum: amicable means you’ll likely have an uncontested divorce, but you still have to cross the t’s and dot the i’s legally.
Q: We have a settlement agreement. Do I list all the details again on FL-170 or other forms?
A: You don’t have to re-list every detail on FL-170 – that form mostly has checkboxes and some broad statements. You will incorporate the settlement agreement into the judgment. On the Judgment (FL-180) cover, you might check a box that says “as per marital settlement agreement attached.” And FL-170 just notes that you have a written agreement and asks the court to approve it. One thing you should ensure is that any required attachments that the court expects are either covered in the agreement or provided separately. For example, some judges want a separate pension division order or at least an attachment spelling out pension division, even if the agreement says “we will split 50%.” Or for child support, even if your agreement says the exact amount and includes guideline info, the court might still expect a guideline calculator printout as an attachment. But you typically do not need to, say, fill out a FL-160 property form if every single asset is already addressed in the signed MSA. FL-170’s job is to point to the agreement and say “we did this properly, please make it an order.” The judge will rely on your agreement for specifics.
Q: Do I need a court hearing to finalize the divorce if we agree on everything?
A: In most cases, no hearing is needed. That’s the beauty of the default/uncontested process. You handle it by paperwork and the judge signs the judgment in chambers. Neither of you may ever have to appear in front of the judge. There are a few exceptions: if the judge sees something concerning (like perhaps the agreement concerning the children is way out of the ordinary, or the settlement seems extremely unfair to one side in a default), the judge could set a short hearing or ask for clarification. Some jurisdictions also have informational hearings or meetings (for example, a judge might require an appearance if you didn’t attend a mandatory parenting class, etc.). But generally, uncontested divorces are done on the papers. In New York, there is no hearing for an uncontested divorce – you just submit the affidavits and forms. In California, likewise, you submit a default or stipulated judgment package. There used to be something called a “prove-up” hearing in some counties for defaults, but nowadays FL-170 replaces the need for that testimony. So, as long as your paperwork is complete, expect to get your divorce without having to go to court in an uncontested scenario.
Q: How long does it take after submitting FL-170 to get the divorce judgment?
A: It varies by court. Once you submit all your forms (FL-170, judgment, etc.), the timeline depends on the court’s workload. Some courts may process default/uncontested judgments in a couple of weeks; others might take a few months. If something is filled incorrectly or missing, that delays it (they might mail it back to you for corrections). Also, remember the 6-month rule in California: no matter what, the divorce cannot be finalized until six months have passed from the date the respondent was served (or from their appearance). If you submit your paperwork earlier, the court might review it but hold off entering the judgment until the date is reachable. New York doesn’t have a similar fixed waiting period, but each county’s review time can range – in some busy NYC counties it could be a few months due to volume. You can often call the court clerk or check online case status systems to see if the judgment has been signed. As a rough guide, many people see their final judgment 1 to 3 months after mailing in or e-filing their judgment packet. If it’s taking significantly longer, you might inquire if there were any deficiencies found. Patience is key – and do not remarry until you have the Notice of Entry of Judgment (or in NY, a signed Judgment and Notice of Entry served) confirming you are divorced. FL-170 is just one part of the packet – the critical piece is the judge’s signature on the judgment itself.
Q: If we reconcile after submitting FL-170, can we stop the divorce?
A: Yes, as long as the judgment hasn’t been entered yet, you can withdraw the divorce case. If both of you agree to dismiss the case, you (as petitioner) can file a Request for Dismissal of the entire action. If a default was entered, you might need to file a motion or get the court’s leave to dismiss (since technically after default, you need court permission to dismiss). If the judgment is already entered (the divorce is final), then you’d actually have to remarry – a finalized divorce can’t just be undone (there’s no concept of “withdrawing” a final divorce, though in theory if it was very recent and both agree, maybe a motion to set aside judgment could be attempted, but that’s unusual and not guaranteed). Prior to final judgment, reconciliation can halt the process – you simply stop pursuing it or formally file a dismissal. Many people stop after filing initial papers if they reconcile – nothing further happens and the case eventually is administratively dismissed by the court after a long period of inactivity. But if you already sent in the judgment forms and now have second thoughts, immediately contact the court clerk to see if the judge has signed it yet. If not, you can request to pull it. If yes (divorce granted), you’re divorced. In summary: up until the judge signs the judgment, you can call it off. FL-170 is not a point of no return – it’s just a form. Even after FL-170, if you changed your mind, you could file a dismissal request as long as the judgment isn’t entered. Always communicate with your spouse and maybe a lawyer if reconciliation occurs late in the process, to ensure you handle it properly.
Related reading
- How to Fill Out California FL-100 (w/Examples) + FAQs
- How to Fill Out California FL-170 (w/Examples) + FAQs
- How to Fill Out New York Form FL-180 (w/Examples) + FAQs
- How to Fill Out New York Form FL-160 (w/Examples) + FAQs
- How to Fill Out New York Form FL-100 (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