FL 170 DECLARATION FOR OR UNCONED DISSOLUTION LEGAL SEPARATION Fl170

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FL-170
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

FOR COURT USE ONLY

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FAX NO. (Optional):

E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:

PETITIONER:
RESPONDENT:

DECLARATION FOR DEFAULT OR UNCONTESTED
DISSOLUTION

CASE NUMBER:

LEGAL SEPARATION

(NOTE: Items 1 through 12 apply to both dissolution and legal separation proceedings.)
1. I declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration.
2. I agree that my case will be proven by this declaration and that I will not appear before the court unless I am ordered by the court to
do so.
3. All the information in the
Petition
Response
is true and correct.
amended
4. Type of case (check a, b, or c):
Default without agreement
a.
(1) No response has been filed and there is no written agreement or stipulated judgment between the parties;
(2) The default of the respondent was entered or is being requested, and I am not seeking any relief not requested in the
petition; and
(3) The following statement is true (check one):
(A)
There are no assets or debts to be disposed of by the court.
(B)
The community and quasi-community assets and debts are listed on the completed current Property
Declaration (form FL-160), which includes an estimate of the 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
division of the property and debts, or if there is a negative estate, the debts are assigned fairly and equitably.
b.

Default with agreement

c.

(1) No response has been filed and the parties have agreed that the matter may proceed as a default matter without
notice; and
(2) 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.
Uncontested
(1) Both parties have appeared in the case; and
(2) 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.

5. Declaration of disclosure (check a, b, or c):
a.
Both the petitioner and respondent have filed, or are filing concurrently, a Declaration Regarding Service of Declaration
of Disclosure (form FL-141) and an Income and Expense Declaration (form FL-150).
b.

c.

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
FL-140) from the respondent.
This matter is proceeding as an uncontested action. Service of the final Declaration of Disclosure (form FL-140) is mutually
waived by both parties. A waiver provision 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 agreement or proposed judgment or
another, separate stipulation.

Form Adopted for Mandatory Use
Judicial Council of California
FL-170 [Rev. July 1, 2012]

DECLARATION FOR DEFAULT OR UNCONTESTED
DISSOLUTION OR LEGAL SEPARATION
(Family Law)

Page 1 of 3
Family Code, § 2336
www.courts.ca.gov

FL-170
CASE NUMBER:

PETITIONER:
RESPONDENT:

6.

Child custody and visitation (parenting time) should be ordered as set forth in the proposed Judgment (form FL-180).
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
b.
There is an existing court order for custody/parenting time in another case in (county):
The case number is (specify):
The current custody and visitation (parenting time) previously ordered in this case, or current schedule is (specify):
Contained on Attachment 6c.

c.

d.

Facts in support of requested judgment (In a default case, state your reasons below):
Contained on Attachment 6d.

Child support should be ordered as set forth in the proposed Judgment (form FL-180).

7.

a. If there are minor children, check and complete item (1) if applicable and item (2) or (3):
(1)

Child support is being enforced in another case in (county):
The case number is (specify):
The information in the child support calculation attached to the proposed judgment is correct based on my
personal knowledge.
I request that this order be based on the
petitioner’s
respondent’s earning ability. The facts in support
of my estimate of earning ability are (specify):
Continued on Attachment 7a(3).

(2)
(3)

b. Complete items (1) and (2) regarding public assistance.
am receiving
am not receiving
I
listed in the proposed order.
(2) To the best of my knowledge, the other party
(1)

c.

intend to apply for
is

is not

public assistance for the child or children
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 forth in the proposed judgment. A representative of the local
child support agency has signed the proposed judgment.

8. 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. Include your best estimate of the other party’s income.
Check at least one of the following.)
I knowingly give up forever any right to receive spousal or partner support.
a.
I ask the court to reserve jurisdiction to award spousal or partner support in the future to (name):
b.
petitioner
respondent.
I ask the court to terminate forever spousal or partner support for:
c.
d.
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:
Spousal or Partner Support Declaration Attachment (form FL-157)
written agreement
attached declaration (Attachment 8d.)
e.

Family support should be ordered as set forth in the proposed Judgment (form FL-180).

f.

Other (specify):

FL-170 [Rev. July 1, 2012]

DECLARATION FOR DEFAULT OR UNCONTESTED
DISSOLUTION OR LEGAL SEPARATION
(Family Law)

Page 2 of 3

FL-170
CASE NUMBER:

PETITIONER:
RESPONDENT:

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).
A Voluntary Declaration of Paternity is attached.
a.
b.

Parentage was previously established by the court in (county):
The case number is (specify):
Written agreement of the parties attached here or to the Judgment (form FL-180).

10.

Attorney fees should be ordered as set forth in the proposed Judgment (form FL-180)
facts in support in form FL-319
other (specify facts below):

11.

The judgment should be entered nunc pro tunc for the following reasons (specify):

12.

The petitioner
(form FL-180).

respondent

requests restoration of his or her former name as set forth in the proposed Judgment

13. 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 domestic partnership through counseling or other means.
14. 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 under Family Code section 2336.

STATEMENTS IN THIS BOX APPLY ONLY TO DISSOLUTIONS
15. If this is a dissolution of marriage or of a domestic partnership created in another state, the petitioner and/or the respondent
have been residents of this county for at least three months and of the state of California for at least six months continuously
and immediately preceding the date of the filing of the petition for dissolution of marriage or domestic partnership.
16. I ask that the court grant the request for a judgment for dissolution of marriage or domestic partnership based on irreconcilable
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.

THIS STATEMENT APPLIES ONLY TO LEGAL SEPARATIONS
18. 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 set 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.
19.

Other (specify):

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)
FL-170 [Rev. July 1, 2012]

(SIGNATURE OF DECLARANT)

DECLARATION FOR DEFAULT OR UNCONTESTED
DISSOLUTION OR LEGAL SEPARATION

Page 3 of 3

(Family Law)
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Title                           : FL-170 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION
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