court_form | California
FL-170 - Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law)
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Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law)
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Form ID: FL-170 Title: Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law) Effective Date: 2020-01-17 Mandatory Form: yes Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-170 Primary Download URL: https://www.courts.ca.gov/documents/fl170.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/fl170s.pdf Form Detail Page: Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law) (FL-170) Tell the court more about your request to enter a judgment based on an agreement or the default of your spouse or domestic partner. Get form FL-170 español Get form FL-170 in Spanish (Spanish) Effective: January 17, 2020 Go to How-to instructions for Divorce Go to Divorce Form Packets PDF Text: Both the parties 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). This matter is proceeding by default. I am the petitioner in this action, and service of the summons on respondent was done by publication or posting under court order. Service of the preliminary Declaration of Disclosure (form FL-140) is not required. I hereby waive receipt of the final Declaration of Disclosure (form FL-140) from the respondent. a. c. Uncontested 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. Default with agreementb. Default without agreement There are no assets or debts to be disposed of by the court. 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. Form Approved for Mandatory Use Judicial Council of California FL-170 [Rev. January 17, 2020] Family Code, § 2336 www.courts.ca.gov Page 1 of 3 LEGAL SEPARATION DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION FOR COURT USE ONLY ATTORNEY FOR (name): E-MAIL ADDRESS: FAX NO.:TELEPHONE NO.: ZIP CODE:STATE:CITY: STREET ADDRESS: FIRM NAME: NAME: PARTY WITHOUT ATTORNEY OR ATTORNEY STATE BAR NUMBER: SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: RESPONDENT: PETITIONER: CASE NUMBER: FL-170 (NOTE: Items 1 through 12 apply to both dissolution and legal separation proceedings.) I declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration. 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. is true and correct.All the information in the No response has been filed and there is no written agreement or stipulated judgment between the parties; (2) The following statement is true (check one): 1. 2. 3. The default of the respondent was entered or is being requested, and I am not seeking any relief not requested in the petition; and Type of case (check a, b, or c):4. (1) (B) (3) (A) Petition Responseamended No response has been filed and the parties have agreed that the matter may proceed as a default matter without notice; and 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. (2) (1) Both parties have appeared in the case; and (2) (1) 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. Declaration of disclosure (check a, b, c, or d): a. b. c. 5. DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law) The facts that support the requested judgment are (In a default case, state your reasons below): The current custody and visitation (parenting time) previously ordered in this case, or the current schedule is (specify): Child support is being enforced in another case in I request that this order be based on the The information in the child support calculation attached to the proposed judgment is correct based on my personal knowledge. FL-170 [Rev. January 17, 2020] Page 2 of 3DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law) RESPONDENT: PETITIONER: CASE NUMBER: FL-170 d. 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 in another, separate stipulation. has d. Contained on Attachment 6d. Contained on Attachment 6c. has not 6. a. Child support should be ordered as set forth in the proposed Judgment (form FL-180).7. changed since it was last filed with the court. (If changed, attach updated form.) (county): c. The case number is (specify): Child custody and visitation (parenting time) should be ordered as set forth in the proposed Judgment (form FL-180). a. b. The information in Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) There is an existing court order for custody/parenting time in another case in If there are minor children, check and complete item (1) if applicable and item (2) or (3): earning ability. The facts in (3) support of my estimate of earning ability are (specify): (2) Complete items (1) and (2) regarding public assistance. (county): The case number is (specify): (1) Petitioner's Respondent's Contained on Attachment 7a(3). b. (1) I am receiving am not receiving intend to apply for To the best of my knowledge, the other party 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. listed in the proposed order. (2) 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.) a. b. c. Family support should be ordered as set forth in the proposed Judgment (form FL-180).e. f. d. 8. public assistance for the child or children is is not receiving public assistance. Petitioner Respondent is presently receiving public assistance, and all support should be made payable I knowingly give up forever any right to receive spousal or partner support. I ask the court to terminate forever spousal or partner support for: 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: I ask the court to reserve jurisdiction to award spousal or partner support in the future to: Petitioner Respondent Petitioner Respondent Spousal or Partner Support Declaration Attachment (form FL-157) attached declaration (Attachment 8d) written agreement Other (specify): The facts in support of this request are on Request for Attorney's Fees and Costs Attachment (form FL-319). FL-170 [Rev. January 17, 2020] Page 3 of 3DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law) Date: RESPONDENT: PETITIONER: CASE NUMBER: FL-170 (TYPE OR PRINT NAME) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 12. requests restoration of the former name as set forth in the proposed Judgment (form FL-180) Status only judgment: This declaration is only for the termination of marital or domestic partner status. I ask the court to reserve jurisdiction over all other issues not requested in this declaration for later determination. Petitioner Respondent STATEMENTS IN THIS BOX APPLY ONLY TO DISSOLUTIONS If this is a dissolution of a marriage or domestic partnership created in another state, the petitioner or the respondent has been a resident 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. I ask that the court grant the request for a judgment of 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. 15. 16. Irreconcilable differences 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. 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. 13. 14. (proceedings for dissolution or nullity of marriage only). THIS STATEMENT APPLIES ONLY TO LEGAL SEPARATIONS I ask that the court grant the request of 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. 18. 19. Other (specify): (SIGNATURE OF DECLARANT) 9. 10. The judgment should be entered nunc pro tunc for the following reasons (specify):11. (county): a. b. A voluntary declaration of parentage or paternity is attached. The written agreement of the parties regarding parentage is attached here (Attachment 9b) or to the proposed Judgment (form FL-180). Parentage was previously established by the court in The case number is (specify): Attorney fees should be ordered as set forth in the proposed Judgment (form FL-180). Other (specify facts below): 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).
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Form ID: FL-170 Title: Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law) Effective Date: 2020-01-17 Mandatory Form: yes Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-170 Primary Download URL: https://www.courts.ca.gov/documents/fl170.pdf Alternate Dow…
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ZIP CODE:STATE:CITY: STREET ADDRESS: FIRM NAME: NAME: PARTY WITHOUT ATTORNEY OR ATTORNEY STATE BAR NUMBER: SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: RESPONDENT: PETITIONER: CASE NUMBER: FL-170 (NOTE: Items 1 through 12 apply to both dissoluti…
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RESPONDENT: PETITIONER: CASE NUMBER: FL-170 d. 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 Fin…
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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: I ask the court to reserve jurisdiction to award spousal or partner support in the future to: Petitioner Respondent Petitioner Respondent Spousal or Partner Support …
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I ask that the court grant the request of 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…