Redmond, WA asked in Family Law for California

Q: Filing Default (FL165) without other documents (FL170, FL-180, FL-190, etc) during "Default with No Agreement" in CA

In California, I want to first file Request to Enter Default "FL-165" first. And then, say a week later, I will file other document including FL-170 (Declaration for Default or Uncontested Dissolution or Legal Separation), FL-180 (Judgement), and FL-190 (Notice of Entry of Judgement). It has passed 30 days for the spouse to file response and no response has filed. We don't have written agreement.

I already filed FL-115 (Proof of Service of Summons) and FL-141 (Petitioner's DOD).

In this case, can I file only FL165 first. Then a week later file other document such as FL170, FL180, FL190?

Is it possible?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, you can indeed file the Request to Enter Default (FL-165) first, especially after the 30-day response period for your spouse has elapsed and no response has been filed. This step signifies to the court that your spouse has not responded and you are requesting to move forward with the default process.

After filing FL-165, waiting a week to file the subsequent documents like FL-170 (Declaration for Default or Uncontested Dissolution or Legal Separation), FL-180 (Judgment), and FL-190 (Notice of Entry of Judgment) is a feasible approach. This allows for the orderly processing of your initial request and the subsequent necessary documents to finalize the default judgment process.

It’s important to ensure that all forms are filled out correctly and completely to avoid any delays. Also, consider the court's processing times, which can vary, and plan accordingly. Remember, the sequence and completeness of your filings are crucial for the progression of your case towards a judgment.

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