Judicial Council of California · United States

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Form FL-170: Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law)

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Quick answer

Form FL-170 is the Declaration for Default or Uncontested Dissolution or Legal Separation approved for mandatory use by the Judicial Council of California under Family Code section 2336. It is the sworn declaration that replaces testimony: you state that if you appeared in court and were sworn you would testify to these facts, and you agree the case will be proven by the declaration so you do not have to appear. It covers the type of case, the disclosure requirements, custody, child support, spousal support, parentage and the request for judgment, and is filed with the proposed Judgment (form FL-180) and Notice of Entry of Judgment (form FL-190) once the default has been entered or requested. JustFill fills the official three-page PDF in your browser; the first clean completed PDF download is included at no charge.

Form
FL-170
Issued by
Judicial Council of California
Country
United States
Free allowance
First clean download
Official edition
FL-170 [Rev. January 17, 2020] (Judicial Council of California, form approved for mandatory use; self-help page shows Effective: January 17, 2020)
Source checked

What is FL-170?

FL-170 is what lets an uncontested California divorce be decided on paper, and JustFill turns the official three-page Judicial Council PDF into a fillable form in your browser. Items 1 to 12 apply to both dissolution and legal separation. Item 4 fixes the type of case: default without agreement, default with agreement, or uncontested. Item 5 is the declaration of disclosure, with four alternatives depending on how the case is proceeding. Items 6 to 8 cover custody and parenting time, child support and spousal or partner support. Item 9 covers parentage of children born before the marriage. Items 10 to 12 cover attorney fees, nunc pro tunc entry and restoration of a former name. Items 13 and 14 (irreconcilable differences and review by a commissioner) also apply to both. Only items 15 to 17 are limited to dissolutions, item 18 applies only to legal separations, and item 19 is a free-text box for anything else.

Who fills out FL-170?

  • A petitioner whose spouse did not respond, after the default has been requested or entered
  • Parties who reached a written agreement and are submitting it for approval
  • Parties proceeding as an uncontested case where both have appeared
  • Self-represented filers who want the judgment decided without a court appearance
  • Anyone asking for a status-only judgment that ends the marriage and reserves other issues

Field-by-field breakdown

What each section of FL-170 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.

Items 1–3 — the declaration itself

That you would testify to these facts if sworn; that you agree the case will be proven by this declaration and you will not appear unless ordered; and that the information in the petition or response, amended or not, is true and correct.

Item 4 — type of case

Exactly one of three: default without agreement (no response filed, no written agreement, default entered or being requested, and you seek no relief beyond the petition); default with agreement (no response, the parties agreed the matter may proceed as a default without notice, and a written agreement is submitted for approval); or uncontested (both parties appeared and a written agreement is submitted). For a default without agreement you also check one statement in 4a(3): either there are no assets or debts for the court to divide, or they are listed on a current Property Declaration (form FL-160) and the division in the proposed Judgment (form FL-180) is a fair and equal one.

Item 5 — declaration of disclosure

Four alternatives: both parties have filed or are filing FL-141 and FL-150; default by publication or posting where preliminary disclosure was not required and final disclosure is waived; default where proof of service of the preliminary disclosure was filed and final disclosure is waived; or an uncontested case where final disclosure is mutually waived under FL-144, the settlement agreement or a separate stipulation.

Item 6 — custody and parenting time

That custody and parenting time should be ordered as in the proposed Judgment (form FL-180); whether the UCCJEA information (form FL-105) has changed since it was last filed; any existing order in another county with its case number; and the current schedule.

Items 7–8 — child, spousal and partner support

Child support as in the proposed judgment, whether it is being enforced in another case, public assistance status for either party, and confirmation that the attached child support calculation is correct from personal knowledge. Then spousal, partner or family support: ordered as in the proposed judgment on stated factors, reserved for the future, terminated forever, or knowingly given up. The note at item 8 is where the Income and Expense Declaration (form FL-150) comes in: if you ask for a support order or attorney fees you must submit a completed current FL-150 with your best estimate of the other party's income, unless one is already on file.

Items 9–12 — parentage, fees, timing, name

Parentage of children born before the marriage or partnership, with a voluntary declaration or written agreement attached or a prior court determination identified; attorney fees; entry nunc pro tunc with reasons; and restoration of a former name as set out in the proposed judgment.

Items 13–19 — grounds, review, dissolution and legal separation blocks

Items 13 and 14 apply to every case: irreconcilable differences have led to irremediable breakdown with no possibility of saving the marriage, and the declaration may be reviewed by a commissioner sitting as a temporary judge under Family Code section 2336. Items 15 to 17 apply only to dissolutions: the residence requirement where the marriage or partnership was created in another state, the request for a judgment of dissolution with the orders in the proposed Judgment (form FL-180), and the optional status-only judgment that ends the marriage and reserves every other issue. Item 18 applies only to legal separations: the request for judgment plus your acknowledgement that a legal separation does not end the marriage or partnership. Item 19 is for anything else.

Common mistakes to avoid

  • 1Checking more than one box in item 4. Default without agreement, default with agreement and uncontested are mutually exclusive.
  • 2Mismatching item 4 and item 5. The disclosure alternative you check has to match how the case is actually proceeding.
  • 3Filing FL-170 before the default has been entered or requested. Item 4a assumes one or the other.
  • 4Confusing a status-only judgment with a full judgment. Item 17 ends the marital status and expressly reserves everything else.
  • 5Assuming a legal separation ends the marriage. Item 18 makes you acknowledge in writing that it does not.
  • 6Stating the child support calculation is correct without checking it — item 7 says it is based on your personal knowledge.
  • 7Forgetting the proposed Judgment (form FL-180) and the Notice of Entry of Judgment (form FL-190). Items 6 to 10, 12, 16 and 18 all refer to orders set out in the FL-180, and the clerk mails the FL-190 to both parties in the stamped envelopes you supply.

FL-170 example — what a filled-out form looks like

A petitioner in Alameda County whose spouse never responded. The default was entered on FL-165. There are no children, no community property or debts, both parties support themselves, and the petitioner wants a former name restored. The respondent was served on 3 March 2026, so the six-month date is 3 September 2026.

Heading and caption

DISSOLUTION box checked; petitioner, respondent and case number copied from the FL-100

The same form serves dissolution and legal separation; the box at the top decides which closing items apply.

Item 3 — the pleading is true

Petition checked (amended left unchecked)

You swear the facts in your petition are still true and correct. Check amended only if you filed an amended petition.

Item 4 — type of case

a. Default without agreement; (3)(A) There are no assets or debts to be disposed of by the court

No response, no written agreement and a default already entered. With property to divide you would check (3)(B) instead and attach a current Property Declaration (FL-160).

Item 5 — declaration of disclosure

b. checked: proceeding by default, proof of service of the preliminary Declaration of Disclosure (FL-140) filed, receipt of the final disclosure waived

Requires the FL-141 already on file. If the summons was served by publication or posting, c is the matching box.

Items 6, 7 and 9 — custody, child support, parentage

Left blank

There are no children of the marriage. With children each item and its attachments (FL-341, FL-342) must be completed.

Item 8 — spousal or partner support

a. checked (petitioner gives up the right to support forever); c. checked for Respondent, matching what the petition asked for

No support order or attorney fees are requested, so no Income and Expense Declaration (FL-150) is needed. The note at item 8 requires a current FL-150 whenever an order or fees are requested.

Item 12 — former name

Petitioner box checked

The restored name itself goes on the proposed Judgment (FL-180). This item is only for dissolution or nullity, not legal separation.

Items 13 and 14 — irreconcilable differences, commissioner review

Pre-printed statements, no box

They apply to every FL-170: you affirm the marriage cannot be saved and accept that a commissioner may decide on the paper or require you to appear.

Items 16 and 17 — request for judgment, status-only

Item 16 pre-printed; item 17 left unchecked

A full judgment is requested. Item 17 is only for ending marital status while reserving every other issue.

Date and signature

25 August 2026, JANE SAMPLE, signed under penalty of perjury

The declaration replaces your testimony under Family Code section 2336. It is filed with FL-180, FL-190 and stamped envelopes; the judgment can end the marriage no earlier than 3 September 2026.

These values are made up. They are here to show what belongs on each line, not to be copied — every name, number, and address on your own FL-170 has to be your own.

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Frequently asked questions

That is its purpose. Item 2 records that you agree the case will be proven by the declaration and that you will not appear unless the court orders you to.
One of three, matching your case: default without agreement, default with agreement, or uncontested where both parties appeared.
Item 17: the declaration ends only the marital or domestic partner status, and asks the court to reserve every other issue for later.
Item 14 notes it may be reviewed by a commissioner sitting as a temporary judge, who may grant the request or require your appearance under Family Code section 2336.
No. Item 18 has you state that you understand a judgment of legal separation does not terminate the marriage or partnership.
Check Dissolution or Legal Separation at the top and copy the caption and case number from your petition. Items 1, 2, 13 and 14 are pre-printed statements you are swearing to. In item 3 check Petition (and amended if you amended it). In item 4 check a for a default without agreement or b for a default with a written agreement; for 4a also check (3)(A) if there is nothing for the court to divide or (3)(B) if your Property Declaration (FL-160) lists it. In item 5 check b if your FL-141 shows the preliminary disclosure was served, or c if you served the summons by publication or posting. Complete items 6, 7 and 9 only if there are children, item 8 for spousal or partner support (with a current FL-150 if you ask for an order or fees), item 12 to restore a former name, and leave item 17 unchecked unless you want a status-only judgment. For a legal separation item 18 applies instead of 15 to 17. Date and sign under penalty of perjury and file it with FL-165 if not already filed, FL-180, FL-190 and stamped envelopes.
The court's default guide lists the Request to Enter Default (FL-165) if it has not already been filed, the Judgment (FL-180), the Notice of Entry of Judgment (FL-190) and the Declaration Regarding Service of Declaration of Disclosure (FL-141). Add an Income and Expense Declaration (FL-150) if you ask for support or attorney fees, a Property Declaration (FL-160) if property or debts are divided, the Stipulation and Waiver of Final Declaration of Disclosure (FL-144) when both parties waive final disclosure, and the custody, support and property attachments (FL-341, FL-342, FL-343, FL-345) that match your proposed judgment. Bring two copies of everything and stamped envelopes addressed to each party.
Under Family Code section 2339 a judgment of dissolution cannot end the marriage until six months after the respondent was served with the summons and petition or appeared, whichever came first. You may submit FL-170 and the judgment packet as soon as the default is entered and the 30-day response period has run; if the judge signs earlier, the judgment states the later date on which the marriage ends. The court's review can take weeks or months, so submitting early does not shorten the wait.

Official source: FL-170 on Judicial Council of California’s website

Edition checked: FL-170 [Rev. January 17, 2020] (Judicial Council of California, form approved for mandatory use; self-help page shows Effective: January 17, 2020). Verified against the official source on .

Form FL-170 is published by the Judicial Council of California. JustFill is not affiliated with the Judicial Council or any California court.

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