Form FL-170: Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law)
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Form FL-170 is the Declaration for Default or Uncontested Dissolution or Legal Separation adopted 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.
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 to 17 apply only to dissolutions; items 18 and 19 only to legal separations.
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.
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.
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).
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.
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.
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 or partner support: ordered as in the proposed judgment on stated factors, reserved for the future, terminated forever, or knowingly given up.
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.
For dissolutions: irreconcilable differences have led to irremediable breakdown with no possibility of saving the marriage; the residence requirement where the marriage was created in another state; a status-only judgment reserving all other issues; review by a commissioner sitting as a temporary judge under Family Code section 2336; and the request for judgment. For legal separations: the equivalent request, plus your acknowledgement that a legal separation does not end the marriage.
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Form FL-165: Request to Enter Default (Family Law—Uniform Parentage)
Form FL-100: Petition—Marriage/Domestic Partnership (Family Law)
Form FL-150: Income and Expense Declaration
Form FL-341(D): Additional Provisions — Physical Custody Attachment
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Official source: FL-170 on Judicial Council of California’s website
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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