Default Divorce in California: What Happens If Your Spouse Doesn't Respond

After being served with divorce papers, your spouse has 30 days to file a Response (FL-120) with the court. If they don't respond within that window, you can move forward with a default divorce. This is more common than many people think — a significant number of California divorces proceed by default.

What Is a Default Divorce?

A default divorce means the respondent (your spouse) did not file a formal response to the divorce petition within the required timeframe. As a result:

• The court treats the respondent as having given up their right to contest the terms
• The petitioner can proceed without the respondent's active participation
• The court can grant the divorce based on what the petitioner has requested in the Petition (FL-100)

A default does not mean your spouse is being punished or that the divorce is adversarial. Many spouses simply agree with the terms and choose not to file a response, which saves the $435 response filing fee.

Two Types of Default

True Default (No Agreement)

Your spouse didn't respond and hasn't signed any agreement. In this case, the court may grant what you requested in your Petition, but it generally cannot grant more than what you asked for. This is why it's important to include all your requests in the original Petition.

Default with Agreement

Your spouse didn't file a formal Response, but you've reached an agreement together. Your spouse signs a Marital Settlement Agreement and possibly a Stipulation for Judgment. This is the most common type of default — it's essentially an uncontested divorce where the respondent simply chooses not to file the FL-120.

The Default Divorce Process

Step 1: Confirm the 30-Day Period Has Passed

The respondent must have been properly served, and 30 days must have passed since the date of service without a Response being filed. Check the court's records to confirm no Response is on file.

Step 2: Request Entry of Default

File a Request to Enter Default (FL-165) with the court. This form asks the court clerk to officially note that the respondent has not responded.

After default is entered, the respondent can no longer file a Response without the court's permission.

Step 3: Complete Financial Disclosures

Even in a default divorce, the petitioner must complete Preliminary Declarations of Disclosure (FL-140, FL-142, FL-150) and serve them on the respondent.

In a true default (where the respondent is not participating), the petitioner must serve disclosures but the respondent's disclosure requirement may be handled differently depending on the circumstances. However, it is best practice to exchange disclosures whenever possible.

Step 4: Prepare the Judgment Packet

Submit the following forms to the court:

• FL-170: Declaration for Default or Uncontested Dissolution — a sworn declaration summarizing your case, including information about property, debts, children, and support
• FL-180: Judgment — the proposed judgment for the court to sign
• Marital Settlement Agreement (if the default is with agreement)
• FL-141: Declaration Regarding Service of Declaration of Disclosure
• Any child custody or support orders (if applicable)

Step 5: Wait for Court Review

The court reviews your judgment packet. In a default case, there is typically no court hearing — the judge reviews the paperwork and signs the judgment if everything is in order.

Processing times vary by county — smaller courts are often faster. Check your county's court information for local processing estimates.

Step 6: Receive the Judgment

Once the judge signs the judgment, the court clerk sends a Notice of Entry of Judgment (FL-190) to both spouses. The divorce is final on the date specified in the judgment, subject to the 6-month waiting period.

Important Rules for Default Divorces

1. The 6-month waiting period still applies. Even if your spouse defaults immediately, the divorce cannot be finalized until 6 months after the date of service.

2. You generally cannot get more than you asked for. In a true default, the court is limited to granting what the petitioner requested in the Petition. If you forgot to request something, you may need to amend your Petition.

3. The respondent can set aside the default. Under certain circumstances, the respondent can ask the court to set aside (undo) the default. This is more likely to succeed if:

   • The respondent was not properly served
   • The respondent can show "excusable neglect" (they had a valid reason for not responding)
   • The request is made within a reasonable time

4. Community property rules still apply. Even in a default, California's community property laws apply. The court will not approve a judgment that appears unfair or that does not properly account for community property.

How Long Does a Default Divorce Take?

A default divorce typically takes 7–10 months from the date of filing:

• Filing and service: 1–4 weeks
• Waiting for the 30-day response period: 30 days
• Preparing and filing the default judgment packet: 1–3 weeks
• Court processing: 2–8 weeks (varies by county)
• 6-month waiting period must be met

The 6-month waiting period is usually the longest part.

How MutualFile Handles Default Divorces

MutualFile supports the full default divorce process. If your spouse doesn't respond, we prepare the FL-170, FL-180, and all supporting documents. We guide you through the default judgment packet and e-file it with the court.

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This article is for informational purposes only and does not constitute legal advice. Default divorce procedures can vary based on your situation. If you have questions, consult a licensed attorney.