What Is a Default Divorce?
A default divorce happens when the responding spouse does not file a Response after being served with the divorce papers. Once the response deadline has passed, the filing spouse can ask the court to enter default.
After default is entered, the court may make decisions based on the paperwork submitted by the filing spouse. This can include orders about property, debts, child custody, child support, spousal support, and other divorce issues.
A default divorce does not mean the divorce is finished immediately. It simply allows the case to move forward without a formal Response from the other spouse.
When Can You Request Default?
In California, the responding spouse usually has 30 days after being served to file a Response. If the responding spouse does not file a Response within that time, the petitioner may be able to request default.
- the divorce papers were properly served
- the Proof of Service was completed and filed
- at least 30 days have passed since service
- no Response has been filed
- required financial disclosure steps have been completed or are being handled properly
- the requested orders are consistent with the Petition
True Default vs. Default With Agreement
A true default usually means the respondent did not file a Response and did not sign a full divorce agreement. The petitioner asks the court to grant orders based on the original Petition, the financial disclosures, and the judgment paperwork.
A default with agreement means the respondent does not file a Response, but both spouses sign a written agreement resolving the issues in the divorce. This can be useful when both spouses agree on the terms but want to keep the process simple.
A default with agreement is often used in uncontested divorce cases. It may allow the parties to finish the divorce without a formal Response while still giving the court a written agreement.
What Issues Can Be Included?
A default divorce can address the same general issues as other divorce cases, but the court will generally be limited by what was requested in the original Petition.
- termination of marital status
- division of community property
- confirmation of separate property
- division of debts
- child custody and parenting time
- child support
- spousal support
- attorney's fees
- restoration of a former name
The Default Divorce Process
The default divorce process generally starts after one spouse files for divorce and serves the other spouse with the Petition and Summons.
If no Response is filed, the petitioner may request default, complete required financial disclosures, prepare the final judgment documents, and submit the judgment package to the court.
Common default judgment forms include the Request to Enter Default (FL-165), Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170), Judgment (FL-180), and Notice of Entry of Judgment (FL-190).
The divorce is not final until the judge signs the judgment and the court processes the final paperwork.
Does a Default Divorce Still Take Six Months?
Yes. A default divorce is still subject to California's mandatory waiting period. Even if the respondent never participates, the divorce cannot become final until the required waiting period has passed.
The timing depends on when the respondent was served, how quickly the paperwork is completed, and how long the court takes to review the judgment package.
Common Problems in Default Divorce Cases
Default divorce paperwork is often rejected when the court finds errors or missing information.
- improper service
- missing Proof of Service
- filing for default too early
- missing financial disclosure forms
- incomplete judgment forms
- requests that do not match the Petition
- unclear property or debt division
- missing child support calculations
- missing custody language
- incorrect dates
- failure to include required local forms
Can the Other Spouse Stop a Default Divorce?
Sometimes. A respondent may ask the court to set aside a default in certain situations. For example, they may claim they were not properly served, made a mistake, or have another legal reason to reopen the case.
Whether a court will set aside a default depends on the facts. Proper service, clear paperwork, and accurate filings can reduce the risk of later problems.