Rule 5.401.Default

Division 1. Family Rules · Chapter 14. Default Proceedings and Judgments · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.401 tells the clerk when to enter a default in a family law case, and requires proof of the petition’s facts before judgment.

Full Text of Rule 5.401

Text sizeJump to: (a) (b) (c)

(a) Entry of default

Upon proper application of the petitioner, the clerk must enter a default if the respondent or defendant fails within the time permitted to:

(1) Make an appearance as stated in rule 5.62;

(2) File a notice of motion to quash service of summons under section 418.10 of the Code of Civil Procedure; or

(3) File a petition for writ of mandate under section 418.10 of the Code of Civil Procedure.

(b) Proof of facts

(1) The petitioner may apply to the court for the relief sought in the petition at the time default is entered. The court must require proof to be made of the facts stated in the petition and may enter its judgment based on that proof.

(2) The court may permit the use of a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) and Property Declaration (form FL-160) for all or any part of the proof required or permitted to be offered on any issue to which they are relevant.

A judgment based on a default must include disposition of all matters subject to the court’s jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time.

End

Plain-English Summary

Default follows silence, but not automatically. On the petitioner’s proper application, the clerk must enter default where the respondent has failed within the time allowed to appear, to move to quash service of summons, or to petition for a writ of mandate on that question.

Entry of default does not itself produce a judgment. The petitioner may apply for the relief sought at the time default is entered, and the court must require proof of the facts stated in the petition before entering judgment on that proof. The court may accept a completed income and expense declaration, simplified financial statement, or property declaration as all or part of that proof where relevant.

The last requirement prevents a judgment that leaves loose ends: a default judgment must dispose of every matter within the court’s jurisdiction for which a party seeks adjudication, or explicitly reserve jurisdiction over anything not being decided then.

Frequently Asked Questions

When can a default be entered in a family law case?

When the respondent has failed, within the time permitted, to make an appearance under rule 5.62, to file a notice of motion to quash service of summons, or to file a petition for writ of mandate under Code of Civil Procedure section 418.10.

Does default mean the petitioner automatically wins?

No. The court must require proof to be made of the facts stated in the petition and may enter judgment based on that proof.

What must a default judgment cover?

Disposition of all matters subject to the court’s jurisdiction for which a party seeks adjudication, or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time.

Amendment History

Rule 5.401 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: default divorce Californiaenter default family lawFL-165 request to enter defaultdefault judgment proof required