FL 165: Request to Enter Default Misconceptions — What the 30-Day Rule Really Means | California Divorce

Posted by Tim Blankenship on

 

FL 165: Request to Enter Default Misconceptions — What the 30-Day Rule Really Means

Understanding how the FL 165 Request to Enter Default works can save you a lot of frustration. The 30-day period after a petition is served is often misunderstood. It is an important window for the respondent to file a response, but it does not automatically remove any rights if the respondent does not respond. The petitioner must take action to convert that silence into a legal default.

What the FL 165 Request to Enter Default Actually Is

The FL 165 is the form you use to ask the court to enter a default when the other party fails to respond within the required time. It is the petitioner’s tool to move the case forward when the respondent has not filed an answer or response. Filing that request begins the court process to declare the respondent in default, which may lead to a default judgment.

The 30-Day Window — Clarifying Common Misconceptions

Thirty days is a deadline for the respondent to respond, not an automatic loss of rights. If 30 days pass and the petitioner does nothing, the respondent can still file a response later and the court may accept it so long as a request to enter default has not been filed and processed.

“The door doesn’t slam closed after 30 days; the petitioner has to take a particular action and file the request to enter default.”

Two Typical Scenarios and How They Play Out

Scenario A — No Response, No Request to Enter Default

  • If the respondent has not filed a response and the petitioner has not submitted an FL 165, the respondent can still file a response at any time. This could be weeks, months, or even years later, depending on circumstances.
  • In short: silence for 30 days by itself does not permanently strip the respondent of the ability to respond.

Scenario B — Request to Enter Default Filed but Not Yet Processed

  • When a petitioner submits an FL 165 to the court it does not always get processed instantly. Unlike petitions or disclosures that are file-stamped right away, a Request to Enter Default typically goes to the judgment clerk and can take time to be officially filed.
  • If the respondent files a response before the court has officially filed the FL 165, the respondent’s paperwork may be accepted and the request to enter default could be rejected or delayed. Essentially, whoever’s paperwork is filed first with the court will control what happens next.

How Filing Mechanics Affect Outcomes

Understanding the difference between immediate file-stamping and clerk processing is key.

  • Petitions and most disclosures are file-stamped and become part of the court record right away.
  • The FL 165 often needs a judgment clerk’s attention. That can introduce a two- to four-week lag (or sometimes longer), during which the respondent may still slip in a response.
  • Because timing matters, the critical moment is the official filing time at the court — not merely the date you put the form in the mail or deliver it to the courthouse counter.

Practical Steps to Protect Your Position

  • File the FL 165 as soon as you are ready. Don’t wait longer than necessary once the 30 days have passed if you intend to seek default.
  • Confirm the filing. Check with the court clerk to make sure the request has been processed and obtain the file-stamped copy.
  • Serve proof of service properly. Make sure the respondent has been correctly served and that proof of service is part of the record.
  • Follow up on clerical delays. If the court is backlogged, follow up regularly so a response doesn’t get in before the FL 165 is filed.
  • Be prepared for the respondent to try to file after the 30 days. If they file before the FL 165 is officially filed, you may need to address the competing filings with the court or through legal counsel.

Final Takeaway

The 30-day period is an important courtesy period for a response, but it does not automatically finalize anything. A petitioner must actively file the FL 165 Request to Enter Default and ensure it gets processed. Because some court filings are processed immediately while others go to a judgment clerk and can be delayed, timing matters — and “whoever’s paperwork is filed first will win” in most practical terms.

If you are navigating a default situation, pay close attention to filing and clerk processing timelines so you do not lose a strategic advantage due to paperwork delays.