California Declaration for Default Form
Declaration of Default.pdf This form asks the court to finalize the divorce without a hearing.Download
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FL-170 FOR COURT USE ONLY PETITIONER: RESPONDENT: CASE NUMBER: DECLARATION FOR DEF AULT OR UNCONTESTED DISSOLUTION LEGAL SEPARATION (NOTE: Items 1 through 12 apply to both dissolution and legal separation proceedings.) I declare that if I appeared in court and were sworn, I woul d testify to the truth of the facts in this declaration. I agree that my case will be proven by this declaration and t hat I will not appear before the c ourt unless I am ordered by the court to do so. Petition Response is true and correct. All the information in the Default without agreement No response has been filed and there is no written agreement or stipul ated judgment between the parties; a. No response has been filed and the parties have agreed t hat the matter may proceed as a default matter without notice; and (2) Default with agreement The parties have entered into a written agreement regarding their property and their marriage or domestic partnership rights, including support, the original of which is being or has been submitted to the court. I request that the court approve the agreement. The following statement is true (check one): Page 1 of 3 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law) Form Adopted for Mandatory Use Judicial Council of California FL-170 [Rev. July 1, 2012] Family Code, § 2336 1. 2. 3. b. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: TELEPHONE NO.: ATTORNEY FOR (Name): FAX NO. (Optional): E-MAIL ADDRESS (Optional): The default of the respondent was entered or is being requested, and I am not s eeking any relief not requested in the petition; and Type of case (check a, b, or c): 4. (1) The community and quasi-community a ssets and debts are listed on the completed current Property Declaration (form FL-160), which includes an estimate of th e value of the assets and debts that I propose to be distributed to each party. The division in the proposed Judgment (form FL-180) is a fair and equal (B) division of the property and debts, or if there is a negative estate, the debts are assigned fairly and equitably. There are no assets or debts to be disposed of by the court. (3) (A) (2) (1) Both parties have appeared in the case; and Uncontested c. (2) (1) Declaration of disclosure (check a, b, or c): Both the petitioner and respondent have filed, or are filing concurrently, a Declaration Regarding Service of Declaration a. of Disclosure (form FL-141) and an Income and Expense Declaration (form FL-150). This matter is proceeding by default. I am the petitioner in this action and have filed a proof of service of the preliminary Declaration of Disclosure (form FL-140) with the court. I hereby waive receipt of the final Declaration of Disclosure (form b. FL-140) from the respondent. This matter is proceeding as an unco ntested action. Serv ice of the final Declaration of Disclosure (form FL-140) is mutually waived by both parties. A waiver prov ision executed by both parties under penalty of perjury is contained on the Stipulation and Waiver of Final Declaration of Disclosure (form FL-144), in the settlement ag reement or proposed judgment or another, separate stipulation. c. 5. The parties have entered into a writt en agreement regarding their property and t heir marriage or domestic partnership rights, including support, the original of which is being or has been submitted to the court. I request that the court approve the agreement. amended PETITIONER: CASE NUMBER: RESPONDENT: Child support should be ordered as set forth in the proposed Judgment (form FL-180). 7. b. am receiving am not receiving intend to apply for public assistance for the child or children To the best of my knowledge, the other party is is not receiving public assistance. The petitioner respondent is presently receiving public assistance, and all support should be made payable to the local child support agency at the address set fo rth in the proposed judgment. A representative of the local child support agency has signed the proposed judgment. If there are minor children, check and complete item (1) if applicable and item (2) or (3): a. petitioner’s respondent’s earning ability. The facts in support I request that this order be based on the (3) of my estimate of earning ability are (specify): Continued on Attachment 7a(3). FL-170 [Rev. July 1, 2012] DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law) I listed in the proposed order. Page 2 of 3 FL-170 6. Child custody and visitation (parenting time) should be ordered as set forth in the proposed Judgment (form FL-180). d. Facts in support of requested judgment ( In a default case, state your reasons below): Contained on Attachment 6d. The information in the child support calculation attached to the proposed judgment is correct based on my personal knowledge. (2) a. The information in Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) has not changed since it was last filed with the court. (If changed, attach updated form.) has Complete items (1) and (2) regarding public assistance. (2) (1) c. Spousal, Partner, and Family Support (If a support order or attomey fees are requested, submit a completed Income and Expense Declaration (form FL-150) unless a current form is on file. Inclu de your best estimate of the other party’s income. Check at least one of the following.) a. I knowingly give up forever any right to receive spousal or partner support. b. I ask the court to reserve jurisdiction to awar d spousal or partner support in the future to (name): I ask the court to terminate foreve r spousal or partner support for: c. d. 8. Family support should be ordered as set forth in the proposed Judgment (form FL-180). e. b. There is an existing court order for cust ody/parenting time in another case in (county): The case number is (specify): Child support is being enf orced in another case in (county): The case number is (specify): (1) Spousal support or domestic partner support should be ordered as set forth in the proposed Judgment (form FL-180) based on the factors described in: petitioner respondent. Other (specify): f.c. The current custody and visitation (par enting time) previously ordered in this case, or current schedule is (specify): Spousal or Partner Support Declaration Attachment (form FL-157) written agreement attached declaration (Attachment 8d.) Contained on Attachment 6c. THIS STATEMENT APPLIES ONLY TO LEGAL SEPARATIONS I ask that the court grant the request for a judgment for legal separation based on irreconcilable differences and that the court make the orders se t forth in the proposed Judgment (form FL-180) submitted with this declaration. I understand that a judgment of legal separation does not terminate a marriage or domestic partnership and that I am still married or a partner in a domestic partnership. Other (specify): 19. I declare under penalty of perjury under the laws of the St ate of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 18. PETITIONER: CASE NUMBER: RESPONDENT: FL-170 FL-170 [Rev. July 1, 2012] DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law) Page 3 of 3 STATEMENTS IN THIS BOX APPLY ONLY TO DISSOLUTIONS If this is a dissolution of marriage or of a domestic partnership created in another state, the petitioner and/or the responden t have been residents of this county for at l east three months and of the state of Calif ornia for at least six months continuously and immediately preceding the date of the filing of the petition for dissolution of marriage or domestic partnership. I ask that the court grant the request for a judgment for dissol ution of marriage or domestic partnership based on irreconcilab le differences and that the court make the orders set forth in the proposed Judgment (form FL-180) submitted with this declaration. 17. This declaration is for the termination of marital or domestic partner status only. I ask the court to reserve jurisdiction over all issues whose determination is not requested in this declaration. 15. 16. There are irreconcilable differences that have led to the irremediable breakdown of the marriage or domestic partnership, and there is no possibility of saving the marriage or dome stic partnership through counseling or other means. This declaration may be reviewed by a commissioner sitting as a temporary judge, who may determine whether to grant this request or require my appearance und er Family Code section 2336. 13. 14. 12. respondent requests restoration of his or her former name as set forth in the proposed Judgment (form FL-180). The petitioner 9. Parentage of the children of the petitioner and respondent born prior to their marriage or domestic partnership should be ordered as set forth in the proposed Judgment (form FL-180). 10. Attorney fees should be ordered as set forth in the proposed Judgment (form FL-180) a. A Voluntary Declaration of Paternity is attached. 11. The judgment should be entered nunc pr o tunc for the following reasons (specify): b. Parentage was previously established by the court in (county): The case number is (specify): facts in support in form FL-319 other (specify facts below) : Written agreement of the parti es attached here or to the Judgment (form FL-180).Relevant article from our knowledge database
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