When the other spouse was properly served with your divorce Petition and the 30 day window to respond has come and gone with nothing filed, Form FL-165, Request to Enter Default, is how you ask the court clerk to move your case forward anyway.
Key Takeaway: FL-165 asks the clerk to enter a default against the Respondent because they were served but did not file a Response in time. It requires the Respondent's last known mailing address and a declaration about service, and it generally must be accompanied by required financial disclosures. A default lets the case proceed based on what the Petitioner requested, without the Respondent's participation.
Form FL-165 is the California Judicial Council form titled "Request to Enter Default." It is filed by the Petitioner when the Respondent:
- Was properly served with the Petition (Form FL-100) and Summons (Form FL-110)
- Has not filed a Response (Form FL-120) within the 30 days allowed
- Has not otherwise appeared in the case
Filing FL-165 asks the court clerk to formally note in the case file that the Respondent is in default. Once entered, the case can generally proceed toward judgment based on what the Petitioner requested in the Petition, since the Respondent chose not to participate within the time allowed.
FL-165 is filed by the Petitioner, the spouse or domestic partner who originally opened the case. It is only appropriate once the Respondent has failed to file a timely Response. If you filed the original Petition and are wondering whether your case is moving too slowly because the other side never answered, understanding the Response process helps first. See How to Fill Out Form FL-120 for what the Respondent was supposed to file and when.
<h2 id="confirming-service-and-30-days">Confirming Service and the 30 Day Window</h2>Before filing FL-165, confirm two things carefully.
1. Service Was Proper
You need proof that the Respondent was actually and properly served with the Petition and Summons, typically documented on a Proof of Service form filed earlier in your case. Without valid proof of service on file, a default request generally cannot move forward.
2. The 30 Days Have Passed
The Respondent generally has 30 days from the date of service to file a Response. That clock starts on the date of service, not the date you filed the Petition. You cannot request a default until those 30 days have fully run and no Response has been filed.
Filing FL-165 before the 30 day window has closed is one of the most common reasons a Request to Enter Default gets rejected. Check the exact date of service on your Proof of Service, count 30 days forward, and confirm the court's file still shows no Response before you file.
Here is what you will actually fill in, section by section.
1. Case Information and Parties
At the top, you will enter the county, the case number already assigned, and the names of the Petitioner and Respondent exactly as they appear on the Petition.
2. Respondent's Last Known Mailing Address
FL-165 asks you to state the Respondent's last known mailing address. This matters because, once a default is entered, the clerk generally mails a copy of the request and other relevant papers to the Respondent at this address. Providing an accurate, current address protects the integrity of your default and helps avoid disputes later about whether the Respondent had proper notice.
An incorrect or outdated mailing address is one of the most common problems with FL-165. If you are unsure of the Respondent's current address, confirm with your county Superior Court self-help center how to proceed before filing.
3. Declaration Regarding Service
This section is where you declare, under penalty of perjury, the relevant facts about how and when the Respondent was served, and that no Response or other responsive pleading has been filed within the time allowed. This declaration is what the clerk relies on to confirm the default is proper, so it needs to match the Proof of Service already on file exactly.
4. Type of Judgment Requested
FL-165 also asks you to indicate the type of default you are pursuing, generally either a true default going straight to judgment based on the Petition, or a default accompanied by a written agreement between the spouses. Which box applies depends on whether you and the Respondent reached any agreement despite the Respondent not filing a formal Response.
Not every default looks the same, and FL-165 is used for both situations.
True Default
In a true default, the Respondent does not participate in the case in any way: no Response, no written agreement, no appearance. The judgment is based entirely on what the Petitioner requested in the original Petition. This is the more restrictive path, since the court generally cannot award anything beyond what was actually requested there.
Default With a Written Agreement
Sometimes the Respondent never files a formal Response but still reaches a signed, written agreement with the Petitioner on issues like property division, support, or custody. In this situation, the default paperwork is filed along with that written agreement, so the resulting judgment reflects the terms both spouses actually agreed to, rather than only what was in the original Petition.
Whichever path applies, it needs to be reflected consistently across FL-165 and the later judgment paperwork. Mismatches between what FL-165 states and what the judgment requests can cause delays.
FL-165 rarely stands alone. Depending on where your case is in the process, it is generally accompanied by:
| Document | Purpose | When It Applies |
|---|---|---|
| FL-165 | Requests entry of default against the Respondent | Whenever the Respondent has not responded in time |
| Proof of Service (already on file) | Establishes the Respondent was properly served | Always, must already be filed before requesting default |
| Financial disclosures | Required income and expense declarations and property disclosures | Generally required before the case can move to judgment |
| Written agreement (if any) | Documents terms both spouses agreed to despite no formal Response | Only if pursuing a default with a written agreement |
| FL-170 (Declaration for Default or Uncontested Dissolution) | Supports the judgment request in a default case | At the judgment stage |
| FL-180 (Judgment) | The proposed judgment submitted for the judge's signature | At the judgment stage |
Requirements and the exact sequence can vary somewhat by county, so confirm the current checklist with your court's self-help center before assembling your default package.
<h2 id="common-mistakes">Common Mistakes to Avoid</h2>- Filing FL-165 before the full 30 days since service have passed
- Listing an incorrect or outdated mailing address for the Respondent
- Forgetting to complete and serve the required financial disclosures before moving toward judgment
- Requesting a true default when a written agreement actually exists, or vice versa
- Details on FL-165 not matching the Proof of Service already on file
- Waiting to assemble FL-170 and FL-180 until the last minute, rather than understanding the full sequence in advance
Filing FL-165 with the court clerk is a step forward, not the finish line. After the default is entered:
- The clerk generally mails notice of the default to the Respondent at the address you provided
- The Respondent generally loses the ability to file a Response without first asking the court to set the default aside
- Required financial disclosures still need to be completed and exchanged before the case can move to judgment
- California's mandatory 6 month waiting period, which began on the date of service, must still fully run
- When the case is ready, the Petitioner files the remaining judgment paperwork, generally FL-170 and FL-180, for the judge's review and signature
A default speeds up an unresponsive case, but it does not skip the disclosure requirements or the waiting period. For a fuller picture of how these pieces fit into your overall case length, see How Long Does Divorce Take in California?
<h2 id="faqs">Frequently Asked Questions</h2>What is Form FL-165 used for?
Form FL-165 is the California Judicial Council Request to Enter Default. It asks the court clerk to formally enter a default against the Respondent because they were properly served with the Petition but did not file a Response (Form FL-120) within the required 30 day window. Entering the default lets the case move forward based on what the Petitioner requested.
How long do I have to wait before filing FL-165?
You generally cannot request a default until at least 30 days have passed since the Respondent was served with the Petition and Summons, and only if they have not filed a Response in that time. Filing FL-165 before the 30 days are up is a common mistake and can result in the request being rejected.
Do I need the Respondent's current address to file FL-165?
Yes. FL-165 asks for the Respondent's last known mailing address so the clerk can mail them a copy of the default and, later, other relevant documents. If you do not have a reliable address, confirm with your county Superior Court self-help center how to proceed, since an incorrect address is one of the most common reasons a default request runs into problems.
What is the difference between a true default and a default with a written agreement?
In a true default, the Respondent never participates at all: no Response, no agreement, no appearance. The judgment is based solely on what the Petitioner requested. A default with a written agreement means the Respondent still did not file a Response, but the spouses reached a signed agreement on issues like property, support, or custody, which is then submitted along with the default paperwork so the judgment reflects what both sides agreed to.
What documents usually go along with a Request to Enter Default?
Along with FL-165, a default case generally requires proof that the required financial disclosures were served (or a declaration explaining why they were exchanged, or in limited situations waived), and, when the case is ready to move to judgment, forms FL-170 (Declaration for Default or Uncontested Dissolution) and FL-180 (Judgment). Requirements can vary by county, so confirm the current checklist with your court.
Can the Respondent still respond after a default is entered?
Once a default is entered, the Respondent generally loses the right to file a Response without first asking the court to set the default aside, which requires a separate request and is not automatic. This is why accuracy on the Request to Enter Default, especially the address and the declaration about service, matters so much.
Does filing FL-165 finalize my divorce?
No. Entering the default is a step that lets your case proceed without the Respondent's participation, but it does not finalize anything by itself. You still need to complete financial disclosures, wait out California's mandatory 6 month waiting period from the date of service, and later file the judgment paperwork, generally FL-170 and FL-180, before the court can enter a final judgment.
Can I fill out FL-165 myself, or do I need an attorney?
Many Petitioners complete and file FL-165 themselves, especially in straightforward, uncontested cases where the Respondent simply never responded. The form itself is public and free to download, but accuracy about the service dates and address matters. A document preparation service or attorney can help if your situation involves complications, such as uncertainty about whether service was proper.
How a Document Prep Service Helps With FL-165
Most problems with FL-165 do not come from complicated law, they come from timing and accuracy: filing before the 30 days are up, an outdated address, or missing disclosures that stall a case right before judgment. Virdix is built to catch those before you file:
- Deadline awareness, so you know exactly when the 30 day window has closed
- Guided questions, plain-language prompts replace confusing legal terms
- Consistency checks, your declaration matches the Proof of Service already on file
- A clear path to judgment, so you understand what still needs to happen with disclosures, FL-170, and FL-180 after the default is entered
We don't replace an attorney for contested or complex cases, but for straightforward, unresponsive-Respondent cases, Virdix helps make sure your FL-165 is complete, timely, and consistent from the start.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California