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This essentially allows your case to move forward without the presence of your spouse. Youll need to file a motion for default with the appropriate court. Once a default has been entered by the clerk, you can request a hearing and send a copy of the Notice of Hearing to your spouse or their attorney.
Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law) (FL-170)
Choosing legal separation over divorce can also have a downside. It may lead to financial problems in your future, for example, or make it harder to get a divorce later if your spouse moves and you cannot locate him or her.
Other times, the judge may not decide the case until later. This is called taking the case under submission. If the judge takes the case under submission, youll receive your copy of the Notice of Entry of Judgment in the mail, after the case is decided.
While there is no required separation period in the state of California, there is a six month waiting period. This means that you can file for divorce on the day you decide you want one, but you must wait six months for the divorce to be finalized by a judge.
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FL-170 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (Family Law) Page 1. Both the parties have filed, or are filing concurrently, a Declaration Regarding Service of Declaration of Disclosure (form FL-141) and an Income and Expense Declaration (form FL-150).
FL-170 is a Declaration for Default or Uncontested Dissolution or Legal Separation. Its also used for domestic partnerships. You prepare this form when you are not planning to go to trial. You can use form FL-170 for divorce, legal separation, or dissolution of a domestic partnership.
Judgment (form FL-180) This is the final court order to get a divorce. Attach the judges decisions from your trial to this form. Notice of Entry of Judgment (form FL-190) The court will mail this form back to you after the judge has signed the judgment.

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