The 30-Day Response Period
In California, the Respondent generally has 30 days after service of the Petition and Summons to file a Response. If that 30-day period passes without a response, the Petitioner may proceed by asking for entry of default. California Courts' response instructions state plainly that a person served with divorce papers has 30 days to respond, and that if no response is filed within that period, the other side can ask for default.
How Default Is Entered
The form typically used to request entry of default is Request to Enter Default (form FL-165). California Courts explains that this form asks the clerk to enter the default because the other spouse did not file a Response. After it is filed, the clerk mails a copy to the nonresponding spouse. The official FL-165 form page itself states that it is a request for the clerk to enter the default of the respondent who failed to respond to the petition.
Default Does Not Finish the Divorce by Itself
Entering default is an important step, but it does not by itself finalize the divorce. After default is entered, the Petitioner still has to submit the remaining judgment paperwork and obtain a signed judgment from the court. California Courts' default-divorce pages explain that after filing FL-165, the filing spouse must still prepare and submit the judgment forms needed to finish the case.
What Happens After Default Is Entered
Once default is entered, the Respondent generally loses the ability to file a Response or participate in the case unless the default is later set aside. California Courts' response instructions warn that with a default, the nonresponding spouse will not be able to respond or participate in the case. The court may then decide the case based on the Petitioner's paperwork and the limits of the law.
The Court Still Reviews the Requested Orders
Even in a default case, the court does not simply sign whatever is submitted. The judge still reviews the paperwork to determine whether the requested judgment is legally proper. California Courts' default-judgment instructions require the filing spouse to submit the appropriate judgment forms and any needed attachments, including additional forms if the case involves property or support.
You Generally Cannot Get More Than You Asked for in the Petition
A default case is limited by the requests made in the original Petition. The official FL-165 form page explains that default allows the court to enter judgment based on a signed agreement or, if there is no agreement, based on what was asked for in the petition. Official county court guidance in California explains the same point directly: in a default judgment, the filing party cannot request anything more than what was listed in the original petition. This is one reason the initial petition matters so much in a default case. See, for example, Sutter County Superior Court's default guidance.
Default With Agreement vs. True Default
Not every default case is the same. Sometimes the other spouse never files a Response, but the parties still sign an agreement resolving the issues. California Courts treats that as a default with agreement. Other times, the Respondent does not respond and there is no signed agreement, in which case the Petitioner proceeds on a true default based on the requests in the Petition and the supporting judgment paperwork. California Courts has separate guidance for both paths.
If No Default Has Been Entered Yet, the Other Side May Still Be Able to Respond
A practical point people sometimes miss is that simply missing the 30-day deadline does not always mean the case is permanently in default yet. California Courts explains that if more than 30 days have passed, the Respondent should check whether a default was actually entered. If it has not been entered yet, the Respondent may still be able to file a Response. See the California Courts pages on responding after the deadline and filing a Response.
Conclusion
If the opposing party does not respond to a California divorce petition, the next step is usually to request entry of default using form FL-165 after the 30-day response period has expired. Default prevents the nonresponding spouse from participating unless the default is later set aside, but it does not automatically end the case. The filing spouse must still submit judgment paperwork, and the court will review the requested orders before signing a final judgment.
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