Judicial Council of California · United States

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Form FL-165: Request to Enter Default (Family Law—Uniform Parentage)

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JustFill fills the FL-165 PDF for you. It does not enter the default, does not check military status for you and does not give legal advice — the clerk enters the default and you are responsible for the truth of every declaration you sign.JustFill is not affiliated with Judicial Council of California. This is an independent third-party tool to help you complete FL-165. Always download the current blank form from the official source and verify your completed copy before signing or submitting. Official FL-165 from Judicial Council of California

Quick answer

Form FL-165 is the Request to Enter Default (Family Law—Uniform Parentage) adopted for mandatory use by the Judicial Council of California. You file it when the respondent has not answered the petition within the time allowed: it asks the clerk to enter their default, records whether the financial and property declarations are attached, states how a copy was mailed to the respondent, lists any costs claimed, and carries the declaration of nonmilitary status that federal and California law require before a default judgment can be entered.

Form
FL-165
Issued by
Judicial Council of California
Country
United States
Cost to fill
Free

What is FL-165?

When nobody responded to your California petition, FL-165 is the next step, and JustFill turns the official two-page Judicial Council PDF into a fillable form in your browser. It rests on Code of Civil Procedure sections 585 and 587 and Family Code sections 2330.5 and 2335.5. Item 1 is the request itself. Item 2 records whether an Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) is attached. Item 3 does the same for the Property Declaration (form FL-160), with six reasons you may check if it is not. Item 4 is your declaration about mailing. Item 5 is the memorandum of costs. Item 6 is the nonmilitary declaration — the part people most often get wrong.

Who fills out FL-165?

  • A petitioner whose spouse or domestic partner did not file a response in time
  • A petitioner in a parentage case where the respondent did not answer
  • Self-represented filers moving an uncontested case toward judgment
  • Anyone who must document that the respondent is not on active military service

Field-by-field breakdown

What each section of FL-165 asks for. JustFill’s AI will detect these fields automatically when you upload the PDF — review the breakdown below so you know what to enter.

Item 1 — the request

A direct request to the clerk to enter the default of the respondent who has failed to respond to the petition.

Item 2 — financial declaration

Whether a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) is attached or is not attached.

Item 3 — property declaration

Whether a completed Property Declaration (form FL-160) is attached. If it is not, you check at least one of six stated reasons: no changes since the previous filing; the issues are covered by a written agreement; there are no support or fee issues for the court to decide; the petition does not request money, property, costs or fees; there are no community property division issues; or the action is to establish a parental relationship.

Item 4 — declaration about mailing

Either that no mailing is required because service was by publication or posting and the respondent’s address remains unknown, or that a copy of this request with attachments and a stamped envelope was given to the clerk, addressed to the respondent’s attorney or last known address.

Item 5 — memorandum of costs

Costs and disbursements either waived, or itemised: clerk’s fees, process server’s fees and other specified items, with a total. Signed under penalty of perjury by the person claiming them.

Item 6 — declaration of nonmilitary status

Required for a judgment. You state the respondent is not in U.S. military service as defined by the Servicemembers Civil Relief Act (50 U.S.C. § 3911(2)) or California Military and Veterans Code sections 400 and 402(f), and check how you know: an official search result, regular communication, a recent conversation, a discharge date, incarceration, or another stated reason.

Common mistakes to avoid

  • 1Skipping item 6. The declaration of nonmilitary status is required for a judgment, and a respondent on active service has protections that must be honoured first.
  • 2Guessing at military status. The form points to an online check and asks you to state the specific basis for your knowledge.
  • 3Leaving item 3 blank when no Property Declaration is attached. The form requires at least one of the six reasons to be checked.
  • 4Forgetting the stamped envelope. Item 4b requires a copy plus an envelope with sufficient postage handed to the clerk.
  • 5Claiming costs without signing item 5c, which is the declaration that the costs were necessarily incurred.
  • 6Filing before the response deadline has actually run.

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Frequently asked questions

After the time for the respondent to file a response has passed without one being filed.
A respondent in U.S. military service has rights and protections under federal and California law before a default judgment can be entered. Item 6 is the declaration that they are not serving.
Item 4a covers it: no mailing is required where service was by publication or posting and the address remains unknown.
Not always. Item 3 lists six reasons it may be omitted — including that the issues are already covered by a written agreement.
Typically the declaration for default or uncontested judgment (form FL-170) and the proposed judgment (form FL-180).

Official source: FL-165 on Judicial Council of California’s website

Form FL-165 is published by the Judicial Council of California. JustFill is not affiliated with the Judicial Council or any California court.

JustFill is an independent product and is not affiliated with, endorsed by, or sponsored by Judicial Council of California or any government agency. Always verify your completed form on the official version before signing or submitting.