California Request to Enter Default Form
In the case of spouses going through a divorce agreeing to the marital agreement and wanting to skip the court hearing, the following form has to be completed and submitted.
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FL-165 FOR COURT USE ONLY CASE NUMBER: REQUEST TO ENTER DEFAULT To the clerk: Please enter the default of the respondent who has failed to respond to the petition. is attached is not attached. A completed Property Declaration (form FL-160) is atta ched is not attached (a) there have been no changes si nce the previous filing. (b) the issues subject to disposition by the court in this proceeding are the subject of a written agreement. (c) there are no issues of child, spousal, or partner support or attor ney fees and costs subject to determination by the court. (d) (e) Date: (TYPE OR PRINT NAME) (SIGNATURE OF [ATTORNEY FOR] PETITIONER) Declaration A copy of this Request to Enter Default, including any attachments and an envelope with sufficient postage, was provided to the court clerk, wit h the envelope addressed as follows (address of the respondent ’s attorney or, if none, the respondent’s last known address): a. b. I declare under penalty of perjury under the laws of the Stat e of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) FOR COURT USE ONLY Request to Enter Default mailed to the respondent or the respondent’s attorney on (date): Clerk, by , Deputy Page 1 of 2 Code of Civil Procedure, §§ 585, 587; REQUEST TO ENTER DEFAULT (Family Law—Uniform Parentage) Form Adopted for Mandatory Use Judicial Council of California FL-165 [Rev. January 1, 2005] Family Code, § 2335.5 1. 2. A completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) this is an action to establish parental relationship. there are no issues of di vision of community property. the petition does not requ est money, property, cost s, or attorney fees . (Fam. Code, § 2330.5.) (f) No mailing is required because service was by publication or posting and the address of the respondent remains unknown. Default not entered. Reason: Default entered as requested on (date): 3. PETITIONER: RESPONDENT: 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: because (check at least one of the following): TELEPHONE NO.: ATTORNEY FOR (Name): FAX NO. (Optional): E-MAIL ADDRESS (Optional): CASE NUMBER: Memorandum of costsCosts and disbursements are waived. Costs and disbursements are listed as follows: Clerk’s fees $ (1) (2) $ Process server’s fees ................................... Other (specify): ................................................................................................................... ................................... (3) $ $ $ $ TOTAL $ I am the attorney, agent, or party who cl aims these costs. To the best of my knowledge and belief, the foregoing items of cost are correct and have been necessarily incurred in this cause or proceeding. 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) Declaration of nonmilitary status. The respondent is not in the military service of the United States as defined in section 511 et seq. of the Servicemembers Civil Relief Act (50 U.S.C. Appen. § 501 et seq.), and is not entitled to the benefits of such act. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) FL-165 [Rev. January 1, 2005] REQUEST TO ENTER DEFAULT (Family Law—Uniform Parentage) Page 2 of 2 4. c. 5. a. b. .............................................................................................................. ........... ..................... ............................................................................................... ............................................................................................................................... ......... ................................ ............................................................................................................................... ......... ................................ ............................................................................................................................... ......... ............................................................................................................................... .... ................................ CASE NAME (Last name, first name of each party):
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