Rule 5.402.Request for default; forms

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

In one sentenceRule 5.402 requires a completed Request to Enter Default before any default is entered, and refuses "address unknown" as a mailing address.

Full Text of Rule 5.402

Text sizeJump to: (a) (b)

(a) Forms

No default may be entered in any proceeding unless a request has been completed on a Request to Enter Default (form FL-165) and filed by the petitioner. However, an Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) are not required if the petition contains no request for support, costs, or attorney’s fees. A Property Declaration (form FL-160) is not required if the petition contains no request for property.

(b) Service address required

For the purpose of completing the declaration of mailing, unless service was by publication and the address of respondent is unknown, it is not sufficient to state that the address of the party to whom notice is given is unknown or unavailable.

End

Plain-English Summary

No default may be entered in any proceeding unless the petitioner has completed and filed the Request to Enter Default. The financial attachments follow the relief sought rather than being universal: an income and expense declaration or simplified financial statement is not required where the petition asks for no support, costs, or attorney’s fees, and a property declaration is not required where it asks for no property.

Subdivision (b) closes a gap that would otherwise let a respondent be defaulted without a real chance of notice. For the declaration of mailing, it is not sufficient to state that the other party’s address is unknown or unavailable — unless service was by publication and the respondent’s address genuinely is unknown.

Frequently Asked Questions

What form do I need to enter a default?

Request to Enter Default (form FL-165), completed and filed by the petitioner. No default may be entered without it.

Do I need financial declarations with it?

Only where relevant. An Income and Expense Declaration or Financial Statement (Simplified) is not required if the petition requests no support, costs, or attorney’s fees; a Property Declaration is not required if it requests no property.

Can I just say I do not know their address?

No. For the declaration of mailing it is not sufficient to state that the address is unknown or unavailable — unless service was by publication and the respondent’s address is unknown.

Amendment History

Rule 5.402 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: FL-165 request to enter defaultdefault paperwork family law Californiaaddress unknown default declaration