Fl 170 Form PDF Details

Navigating the landscape of family law, especially when it comes to the dissolution of a marriage or a legal separation, requires an understanding of various legal forms and procedures. Among these, the FL-170 form, or the Declaration for Default or Uncontested Dissolution or Legal Separation, plays a crucial role. This form is used in the state of California and serves as a declaration by one party in cases where a response has not been filed by the other party, or in situations where both parties have reached an agreement on all terms of the dissolution or separation. It covers a comprehensive range of topics, from the division of property and debts to child custody, support, and spousal or partner support issues. Additionally, it touches on the necessity for parties to provide financial disclosures and allows for a waiver of these disclosures under certain conditions. The form includes various sections requiring detailed information about both parties, the nature of the case, and the specific requests being made to the court, including but not limited to, custody arrangements and declarations about child and spousal support. By filling out the FL-170 form, a petitioner or respondent declares their agreement to the terms of the separation or dissolution, essentially streamlining the process in uncontested cases or when proceeding by default. Thus, this form is instrumental in helping parties navigate the legal proceedings with or without the direct intervention of the court, helping to lay out a clear path toward the resolution of the case.

QuestionAnswer
Form NameFl 170 Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other names FL-170 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION(Family Law). Judicial Council forms

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FL-170

PARTY WITHOUT ATTORNEY OR ATTORNEY

STATE BAR NUMBER:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

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

 

LEGAL SEPARATION

FOR COURT USE ONLY

CASE NUMBER:

(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

 

amended

 

Petition

 

Response is true and correct.

4.Type of case (check a, b, or c):

a.

 

Default without agreement

(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, c, or d):

a.

 

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).

 

b.

 

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.

 

 

c.

 

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.

 

 

 

 

 

Page 1 of 3

 

 

 

Form Approved for Mandatory Use

DECLARATION FOR DEFAULT OR UNCONTESTED

Family Code, § 2336

Judicial Council of California

DISSOLUTION OR LEGAL SEPARATION

www.courts.ca.gov

FL-170 [Rev. January 17, 2020]

 

(Family Law)

FL-170

PETITIONER:

RESPONDENT:

CASE NUMBER:

6.

7.

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.

 

 

 

 

 

 

 

 

 

 

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

 

has not

changed since it was last filed with the court. (If changed, attach updated form.)

 

 

 

 

 

 

 

 

 

 

There is an existing court order for custody/parenting time in another case in (county):

 

b.

 

 

 

 

 

 

 

The case number is (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

 

The current custody and visitation (parenting time) previously ordered in this case, or the current schedule is (specify):

 

 

 

 

 

 

 

Contained on Attachment 6c.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

 

 

The facts that support the requested judgment are (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).

 

 

 

 

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):

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

The information in the child support calculation attached to the proposed judgment is correct based on my personal

 

 

 

 

 

 

 

 

 

knowledge.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(3)

 

 

 

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):

 

 

 

 

 

 

 

 

 

 

 

 

Contained on Attachment 7a(3).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b. Complete items (1) and (2) regarding public assistance.

 

 

 

 

 

 

 

 

(1)

I

 

 

 

 

am receiving

 

am not receiving

 

 

 

intend to apply for

public assistance for the child or children

 

 

 

 

 

 

 

 

 

 

 

listed in the proposed order.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

 

 

 

is

 

 

 

 

To the best of my knowledge, the other party

 

 

 

 

is not

receiving public assistance.

 

 

 

 

 

 

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.)

a.

 

I knowingly give up forever any right to receive spousal or partner support.

 

b.

 

I ask the court to reserve jurisdiction to award spousal or partner support in the future to:

 

 

 

 

 

 

 

Petitioner

 

 

Respondent

 

 

 

c.

 

I ask the court to terminate forever spousal or partner support for:

 

 

Petitioner

 

Respondent

 

 

 

 

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. January 17, 2020]

DECLARATION FOR DEFAULT OR UNCONTESTED

DISSOLUTION OR LEGAL SEPARATION

Page 2 of 3

(Family Law)

FL-170

PETITIONER:

RESPONDENT:

CASE NUMBER:

9.

a.

b.

10.

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 parentage or paternity is attached. Parentage was previously established by the court in (county): The case number is (specify):

The written agreement of the parties regarding parentage is attached here (Attachment 9b) or to the proposed Judgment (form FL-180).

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

The facts in support of this request are on Request for Attorney's Fees and Costs Attachment (form FL-319). Other (specify facts below):

11.

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

12.

 

Petitioner

 

Respondent requests restoration of the former name as set forth in the proposed Judgment (form FL-180)

 

(proceedings for dissolution or nullity of marriage only).

13.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.

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 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.

16.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.

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.

THIS STATEMENT APPLIES ONLY TO LEGAL SEPARATIONS

18.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.

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)

(SIGNATURE OF DECLARANT)

FL-170 [Rev. January 17, 2020]

DECLARATION FOR DEFAULT OR UNCONTESTED

 

DISSOLUTION OR LEGAL SEPARATION

 

 

(Family Law)

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Part number 1 for filling out Fl 170 Form

2. Just after finishing the previous step, go on to the next part and fill out the necessary particulars in these blanks - Type of case check a b or c a, Default without agreement, No response has been filed and, The default of the respondent was, The following statement is true, There are no assets or debts to be, Default with agreement No response, The parties have entered into a, Uncontested, Both parties have appeared in the, The parties have entered into a, Declaration of disclosure check a, and Both the parties have filed or are.

The parties have entered into a, Type of case check a b or c a, and Both parties have appeared in the in Fl 170 Form

3. The next part is straightforward - fill out every one of the form fields in Both the parties have filed or are, This matter is proceeding by, Form Approved for Mandatory Use, DECLARATION FOR DEFAULT OR, DISSOLUTION OR LEGAL SEPARATION, Family Law, Page of, and Family Code wwwcourtscagov to finish the current step.

The way to fill in Fl 170 Form stage 3

4. The subsequent part needs your information in the subsequent areas: PETITIONER, RESPONDENT, CASE NUMBER, This matter is proceeding as an, Child custody and visitation, The information in Declaration, has, has not, changed since it was last filed, There is an existing court order, county, The current custody and visitation, Contained on Attachment c, The facts that support the, and Contained on Attachment d. Always give all needed details to go onward.

Filling out segment 4 in Fl 170 Form

5. This last stage to finish this document is integral. Make sure that you fill out the mandatory blank fields, and this includes Contained on Attachment d, Child support should be ordered as, If there are minor children check, county, Child support is being enforced in, The information in the child, I request that this order be based, Petitioners, Respondents, earning ability The facts in, Complete items and regarding, Contained on Attachment a, am receiving, I listed in the proposed order To, and am not receiving, before submitting. Neglecting to do this may produce an incomplete and probably incorrect form!

Filling in part 5 in Fl 170 Form

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