How to finish your divorce by default with agreement (with minor children)
If your spouse didn’t respond to the case but you both signed an agreement, you can ask the court to finish your divorce using a default with agreement.
To do this, you must turn in final forms and your written agreement.
These forms tell the court:
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You completed the steps required to enter a default
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You and your spouse agree on the final orders
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You want the judge to finalize 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:
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It has been at least 30 days since you served your spouse
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Your spouse did not file a Response
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You and your spouse have a signed written agreement
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Your spouse’s signature on the agreement is notarized
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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:
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How you will divide property
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How you will divide debts
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How you will handle child custody and visitation
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How you will handle child support
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Whether either spouse will pay spousal support
⚠️ Your agreement must cover all issues in your case.
If it does not include property, debts, child custody and visitation, and 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:
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You followed the steps for a default
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The information in your case is correct
Follow the instructions on the form. You may need to attach other forms.
Judgment
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) ↗️
The court sends this form back to you after the judge signs the judgment.
It tells you:
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Your divorce or legal separation is final
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The exact date your marriage or domestic partnership ends (if you filed for divorce)
Notice of Rights and Responsibilities
Notice of Rights and Responsibilities (form FL-192) ↗️
Attach this form to your Judgment (FL-180).
This form explains rights and responsibilities related to child support and health care costs.
Child Support Case Registry Form
Child Support Case Registry Form (form FL-191) ↗️
Do not attach this form to the judgment.
Submit it with your forms if you haven’t filed one earlier in your case.
Income Withholding for Support
Income Withholding for Support (form FL-195) ↗️
Use this form if child support will be taken directly from a parent’s paycheck.
Do not attach this form to the judgment.
If a child support agency is involved
⚠️ If a local child support agency is involved in your case, the agency must approve and sign any child support agreement.
If you used Stipulation to Establish or Modify Child Support and Order (form FL-350) ↗️, a lawyer from the agency signs on page 2.
Decide if you will waive or complete final financial disclosures
You and your spouse must decide whether to:
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Waive final financial disclosures, or
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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:
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Contact the court clerk
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Talk to the family law facilitator or self-help center
Key takeaways
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A default with agreement means your spouse did not respond but you both signed an agreement.
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You must file final forms including FL-165, FL-170, and FL-180.
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Your spouse’s signature on the agreement must be notarized.
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You and your spouse must either waive or complete final financial disclosures.
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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.