How to finish your divorce by default with agreement (no minor children)

Use this page if:

  • Your spouse did not file a Response

  • You and your spouse signed a written agreement

  • Your spouse’s signature on the agreement is notarized

A default with agreement means your spouse did not respond to the case, but you both agreed on the final orders. The court can still approve your agreement and finish your divorce.

 

To finish your divorce or legal separation, you must turn in final court forms and your written agreement.

 

These forms tell the court:

  • You followed the steps needed for a default

  • You and your spouse agree on the final orders

  • You want the judge to finish your divorce or legal separation

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Make sure you can ask for a default with agreement

Before you prepare your final forms, check that all of these are true:

  • It has been at least 30 days since you served your spouse

  • Your spouse did not file a Response

  • You and your spouse have a signed written agreement

  • Your spouse’s signature on the agreement is notarized

  • You filed the required service and disclosure forms

You should have already filed:

📌 If you haven’t filed forms FL-115 or FL-141 yet, you can file them when you turn in your final forms.

The court can’t process your judgment without these forms.

Make sure your agreement covers everything the court needs

Your written agreement must say how you and your spouse will handle all issues in your case.

Your agreement should include:

  • How you will divide property

  • How you will divide debts

  • Whether either spouse will pay spousal support

⚠️ Your agreement must cover all issues in your case.

If it does not include property, debts, and spousal support, the court may reject your judgment. Read more about written agreements.

Fill out the final forms

You must complete and file these forms to finish your divorce.

Request to enter default

Request to Enter Default (form FL-165) ↗️

This form asks the court to enter a default because your spouse did not file a Response.

After you file this form, the clerk mails a copy to your spouse.


Declaration for default or uncontested case

Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170) ↗️

This form tells the court:

  • You followed the steps for a default

  • The information in your case is correct

Follow the instructions on the form. You may need to attach other forms.


Judgment

Judgment (form FL-180) ↗️

This form becomes the final court order in your divorce or legal separation.

Attach your signed agreement to this form.

Your spouse’s signature on the agreement must be notarized.


Notice of entry of judgment

Notice of Entry of Judgment (form FL-190) ↗️

After the judge signs the judgment, the court will mail this form to you.

This notice confirms that your divorce or legal separation is final.

If you asked for a divorce, it will show the date your marriage or domestic partnership ends.

Decide if you will waive or complete final financial disclosures

You and your spouse must decide whether to:

  • Waive final financial disclosures, or

  • Complete final financial disclosures

This should happen before or when you make your agreement.

If you waive final disclosures

Fill out:

Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) ↗️

Both you and your spouse must sign this form.


If you complete final disclosures

Follow the same steps you used for your preliminary disclosures.

On these forms:

Check the boxes that say final, not preliminary.

Review the judgment checklist

Judgment Checklist - Dissolution/Legal Separation (form FL-182) ↗️

This checklist shows all forms the court may require to finish your divorce. Some forms on the checklist are optional.

📌 Before you turn in your forms, check if your court requires additional forms or has any special rules.

You can:

Key takeaways

  • A default with agreement means your spouse did not respond but you both signed an agreement.

  • You must file final forms including FL-165, FL-170, and FL-180.

  • Your spouse’s signature on the agreement must be notarized.

  • You and your spouse must either waive or complete final financial disclosures.

  • Your court may require extra forms listed on FL-182.

Finish your divorce

What's next?

Once your judgment forms and agreement are complete, you must prepare envelopes and submit everything to court.

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