FL-165 Guidance: Request To Enter Default | Gavel
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When you need it How to file it Filling it out What to do after filling it out
FL-165 Guidance: Request To Enter Default (California)
The FL-165 Request to Enter Default form is used in California family law cases when one party seeks a court order to establish a parental relationship, and the other party has failed to respond to the initial petition within the legal timeframe. Jump to guide on filling it out.
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When you need form FL-165
The FL-165 Request to Enter Default form in California is utilized in family law cases when a party wishes to proceed with a court order in the absence of a response from the other party. This process typically comes into play after the petitioner has served the respondent with the initial petition, such as a Petition for Dissolution or those concerning the establishment of parentage, and the respondent has failed to respond within the allocated time frame.
- Before filing the FL-165, you would have served the respondent with a petition, such as Petition to Establish Parental Relationship (FL-200).
- The need for this form is triggered if the respondent did not file a required response, such as Response to Petition (FL-220) within 30 days of service.
- You might also ensure that an Income and Expense Declaration (FL-150) or Financial Statement (FL-155) is ready, as these might be necessary when requesting a default.
Filing the Request to Enter Default allows the court to proceed as though the respondent has forfeited their right to participate, moving forward to judgments on issues of dissolution, division of assets, parentage, custody, and support without their input.
How to file form FL-165
- Prepare Documentation: Gather the completed Request to Enter Default form, along with required attachments such as income declaration or property declaration if applicable.
- Submit to Court: File the form with the clerk at the Superior Court of California in the county where the case was initiated.
- Serve Respondent: Provide a copy of the form to the respondent or their attorney, including prepaid postage for mailing if applicable.
- Verify Nonmilitary Status: Ensure respondent is not in U.S. military service for judgment eligibility.
- Check Court Procedures: Follow up with the court clerk for confirmation of default entry and other required actions.
Tips for filling out form FL-165
When completing form FL-165, pay special attention to these less obvious sections:
Item 2
Property Declaration
Consider checking the appropriate option regarding attachment of a Property Declaration. If the issues related to child or spousal support are settled, or if there is no property division involved, ensure to note these correctly to avoid unnecessary filings.
Item 3a
No Mailing Required
If you have served the respondent by publication or posting, and their address is unknown, affirmatively mark this option. It's crucial to state that no mailing is required, as otherwise additional steps might be needed to notify the respondent.
Item 5
Nonmilitary Status
Be thorough in verifying the respondent's military status. Inaccurate information can delay the default judgment. Utilize online services to confirm military status, especially if you believe the respondent is not in military service. Make sure to accurately document your sources or interactions confirming this status.
What to do after filing form FL-165
- Verify that the court has entered the default by checking the court docket or contacting the court clerk for confirmation.
- Prepare a proposed judgment, such as Judgment (Uniform Parentage—Custody and Support) (form FL-250), if applicable, to submit to the court.
- Serve a copy of the Request to Enter Default on the respondent if their whereabouts are known and a proof of service has not been filed previously.
- If the default is entered and there are no unresolved issues, wait for the court to schedule a hearing for finalizing the judgment.
- If there are contested issues, prepare for a court hearing to address these matters, including gathering necessary evidence and documents.
Related Forms
FL-165: Request To Enter Default
The FL-165 Request to Enter Default form is used in California family law cases when one party seeks a court order to establish a parental relationship, and the other party has failed to respond to the initial petition within the legal timeframe.
FL-180: Judgement Order
The FL-180 Judgment Order form is used in California to finalize the legal proceedings of a dissolution, legal separation, or nullity of marriage or domestic partnership, detailing the court's decisions on issues such as child custody, support, and property division.
FL-350: Stipulated Agreement
Use this form when both parents have agreed to establish or modify an existing child support order, ensuring the agreement is documented and approved by the court.
FL-300: Request For Order
The FL-300 Request for Order ("RFO") form is used by individuals seeking the court's intervention to modify or request orders related to child custody, support, visitation, spousal support, attorney's fees or other family law matters in California that cannot wait until the end of the case.
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