Finishing a California divorce or legal separation does not always require standing in front of a judge. Many default and uncontested cases are finalized entirely on paperwork, and Form FL-170, Declaration for Default or Uncontested Dissolution or Legal Separation, is the document that makes that possible.
Key Takeaway: FL-170 is a sworn declaration confirming the facts of your case, residency, grounds, how the case reached this point, disclosure status, and the terms you are requesting, so the court can sign a judgment without a hearing. It works alongside the Request to Enter Default (FL-165) and the Judgment (FL-180).
Form FL-170 is the California Judicial Council form titled "Declaration for Default or Uncontested Dissolution or Legal Separation." It is filed near the end of a case, after the initial Petition and, in most cases, after default has been entered or a Response has been filed and the parties agree on the outcome.
The form asks the Petitioner to declare, under penalty of perjury, that the facts supporting the requested judgment are true. That includes confirming residency, the legal grounds for the case, whether financial disclosures were completed, and exactly what terms the court is being asked to approve.
Because there is no hearing in most default and uncontested cases, FL-170 is effectively the court's substitute for testimony. The declarations you make here need to match everything already on file in the case, particularly the Petition.
FL-170 covers three distinct paths to finishing a case without a hearing, and the form asks you to identify which one applies.
True Default
The Respondent was served with the Petition and Summons but never filed a Response within the required time. Once a Request to Enter Default (FL-165) has been filed and processed, the Petitioner can move forward using only what was requested in the Petition.
Default With a Written Agreement
The Respondent did not file a formal Response, but the parties reached a written agreement, often a marital settlement agreement, resolving property, support, and any custody issues. Default is still entered, but the judgment reflects the negotiated terms rather than only the Petitioner's original requests, as long as those terms are consistent with what was requested or properly stipulated.
Uncontested Case
Both parties filed paperwork (a Petition and a Response), but they agree on every issue and do not need a contested hearing. FL-170 is used to confirm that agreement and move the case to judgment.
Which category applies changes what else needs to be on file. A true default relies on the Petition alone, while a default with an agreement or an uncontested case generally needs a signed settlement agreement or stipulated judgment attached.
FL-170 asks you to reaffirm the same residency and grounds information originally stated in the Petition. For dissolution, that means confirming that you or your spouse meet California's residency requirement, generally 6 months in the state and 3 months in the county where the case was filed. Legal separation does not require meeting this residency test.
You will also confirm the legal grounds, almost always irreconcilable differences, California's no-fault ground for divorce. You are not asked to prove wrongdoing or provide new detail here. You are simply confirming that what was stated in the Petition remains accurate.
<h2 id="disclosures">Confirming Financial Disclosures</h2>A central part of FL-170 is confirming the status of financial disclosures. California generally requires both parties to exchange preliminary and final declarations of disclosure before a judgment can be entered, even in default cases.
On FL-170, you will confirm one of the following:
- Financial disclosures were completed and exchanged as required
- Disclosures were properly waived in writing by both parties, using the applicable Judicial Council form
- The case qualifies for another recognized exception to the disclosure requirement
Do not check a disclosure box that does not accurately reflect your case. If disclosures were not completed and were not properly waived, the court can reject the judgment packet, and inaccurate declarations carry real consequences since FL-170 is signed under penalty of perjury.
If you are unsure whether your disclosures satisfy the requirement, your county Superior Court self-help center can point you to the correct disclosure and waiver forms before you submit FL-170.
<h2 id="requested-terms">Confirming the Terms Requested in the Judgment</h2>The final substantive part of FL-170 asks you to confirm exactly what you are asking the court to grant: the status of the marriage or partnership (dissolution or legal separation), property division, spousal support, attorney's fees, and, if applicable, child custody, parenting time, and child support.
This is where consistency matters most. The terms you confirm on FL-170 need to match what was requested in the Petition (or a properly served amended Petition), and, in agreement or uncontested cases, they need to match any settlement agreement or stipulated judgment attached to the file.
- Property and debt division terms match what the Petition and any settlement agreement describe
- Spousal support terms are consistent with what was requested or reserved in the Petition
- Custody and child support terms, if any, reflect the current agreement between the parties
- Name restoration, if requested, is stated clearly
FL-170 does not stand alone. In a paperwork-only finalization, it generally works together with two other forms.
| Form | Purpose | When It's Used |
|---|---|---|
| FL-165 | Request to Enter Default | Filed first, when the Respondent did not file a timely Response |
| FL-170 | Declaration for Default or Uncontested Dissolution or Legal Separation | Filed once the case is ready to move to judgment, confirming facts and requested terms |
| FL-180 | Judgment | The document the judicial officer signs, finalizing the case based on FL-170 and the rest of the file |
In a true default case, FL-165 comes first to formally record that no Response was filed. FL-170 then confirms the facts and requested terms, and FL-180 is the judgment itself, which the court reviews and signs based on everything else in the packet. For the earlier step, see How to Fill Out Form FL-165, and for the judgment that follows FL-170, see How to Fill Out Form FL-180.
In an uncontested case where the Respondent did file a Response, FL-165 is not needed, but FL-170 still confirms the agreed facts and terms before the judgment packet goes to the court.
<h2 id="common-mistakes">Common Mistakes to Avoid</h2>- Requesting terms on FL-170 that were not requested in the Petition, which the court generally cannot grant
- Inconsistencies between FL-170 and the Petition, such as a different date of separation or property description
- Failing to confirm financial disclosures were completed or properly waived
- Submitting FL-170 without the required attachments, such as a marital settlement agreement in an agreement or uncontested case
- Checking the wrong category (true default, default with agreement, or uncontested) for how the case actually proceeded
- Leaving requested terms vague when the judgment needs specific, enforceable language
Once FL-170 is filed along with the proposed Judgment (FL-180) and any required attachments, a judicial officer reviews the complete packet. If everything is consistent and complete, the court can sign the judgment without requiring either party to appear.
If the court finds a problem, an inconsistency with the Petition, a missing disclosure confirmation, or a request that goes beyond what was originally asked for, the packet is typically rejected and returned with instructions describing what needs to be corrected before it can be resubmitted.
Confirming your paperwork lines up before you file is the best way to avoid that delay, since a rejected default or uncontested judgment packet can add weeks to a case that was otherwise ready to finish.
<h2 id="faqs">Frequently Asked Questions</h2>What is Form FL-170 used for?
Form FL-170 is the California Judicial Council Declaration for Default or Uncontested Dissolution or Legal Separation. It lets the Petitioner confirm the key facts of the case in writing, residency, grounds, disclosures, and the terms requested, so the court can review and sign a judgment without holding a live hearing.
Is FL-170 only for default cases where the other spouse never responded?
No. FL-170 covers three situations: a true default where the Respondent never filed a Response, a default where the parties reached a written agreement (often paired with a marital settlement agreement) before or after default was entered, and an uncontested case where both parties filed but agree on every issue. The form asks you to identify which category applies.
Do I still need to complete financial disclosures if my case is a default?
Generally yes. California requires both parties to exchange preliminary and final financial disclosures before a judgment can be entered, even in default cases, unless disclosures were properly waived in writing using the applicable Judicial Council form. FL-170 asks you to confirm which situation applies to your case.
Can the judgment grant more than what I asked for in my Petition?
No. The judgment generally cannot award relief beyond what was requested in the Petition (FL-100) or an amended Petition that was properly served. FL-170 asks you to confirm the terms you are requesting, and those terms need to line up with what was already on file, not introduce new requests.
What is the difference between FL-165 and FL-170?
FL-165, Request to Enter Default, asks the court clerk to formally record that the Respondent did not file a timely Response. FL-170 comes after that step (or after both sides have appeared in an uncontested case) and asks the court to actually grant the judgment based on the paperwork on file. See our guide on [How to Fill Out Form FL-165](/blog/how-to-fill-out-fl-165-request-to-enter-default) for more detail on that earlier step.
What happens after I file FL-170?
Once FL-170 and the accompanying judgment paperwork are filed, a judicial officer reviews the file. If everything is complete and consistent, the court can sign the Judgment (FL-180) without requiring anyone to appear. If something is missing or inconsistent, the court may reject the packet and return it with instructions to correct it.
Do I need an attorney to file FL-170?
Many people complete FL-170 themselves, particularly in default cases and simple uncontested cases. The form and instructions are free through the California Courts Self-Help Center. A document preparation service or attorney can help if your case involves significant assets, support calculations, or terms that need to closely track a settlement agreement.
How Virdix Helps With FL-170
Most FL-170 rejections come down to small inconsistencies rather than complicated legal issues: a requested term that does not match the Petition, or a disclosure box that was checked without confirming the actual status of the exchange. Virdix is built to catch those before you file:
- Guided questions, so the right default, agreement, or uncontested category is confirmed for your case
- Consistency checks, your FL-170 answers are checked against your Petition and any settlement agreement on file
- Disclosure confirmation prompts, so you don't submit the form without properly confirming disclosure status
- Requested terms review, matched against what was already asked for, so nothing gets added that the court can't grant
We don't replace an attorney for contested or complex cases, but for straightforward default and uncontested filings, Virdix helps make sure your FL-170 is complete and consistent before it reaches the court.
Last updated: July 2026. 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