FL-165 is a California family court form used when the respondent in a family law or parentage case fails to file a response within the required time, usually 30 days after being served with the summons and petition. By filing FL-165, the petitioner asks the court to enter a default, meaning the case can move forward without the respondent’s participation. This form is commonly used in divorce, legal separation, annulment, and Uniform Parentage Act (UPA) cases when the other party does not contest or engage in the proceedings.
The purpose of FL-165 is to let the court know that the respondent had proper notice of the case but chose not to respond. Before a default can be entered, the petitioner must show proof of service (typically using FL-115 or FL-117) and must confirm that the required financial disclosure documents have been served. This ensures that the legal process has been fair and that the respondent was given the opportunity to participate. Once the court accepts the request, the case proceeds as a default judgment process.
In a default case, the court can grant the petitioner many of the orders requested in the original petition, including decisions about child custody, child support, spousal support, division of property, and parentage. However, the petitioner must still provide complete disclosures and, in some cases, supporting documents to justify the requested orders. Filing FL-165 does not automatically finalize the case; it simply allows the petitioner to move forward toward a default judgment by submitting additional required forms and, sometimes, appearing before a judge.
FL-165 is especially important in parentage cases, where the court must determine legal parentage before addressing child support or custody. When the respondent does not respond in a UPA case, the default process allows the court to establish parentage and issue orders needed to support the child’s well-being. The form also ensures that the court has jurisdiction and that due process requirements were met before moving forward without the respondent.
In summary, FL-165 is a key procedural form for moving a family law or parentage case forward when the respondent does not participate. It confirms proper notice, protects the rights of both parties, and allows the case to proceed toward a judgment based on the petitioner’s filings. Completing FL-165 correctly is essential for obtaining a valid default judgment and finalizing the case in an efficient, legally compliant manner.
