What to Know About Default Divorce in California

Divorce can be one of the most emotionally and legally complex experiences in a person’s life. In California, there are several ways a divorce can proceed, depending on how both spouses choose to participate. One lesser-known but significant path is a default divorce. Default divorce is a type of divorce that can move forward even if one spouse chooses not to respond or engage with the process at all. However, it is often misunderstood.

Some people assume it means the divorce is automatically granted, while others aren’t aware that failing to respond to divorce papers can result in the court making important decisions without their input. If you’re the spouse initiating the divorce or the one being served, it’s essential to understand what a default divorce entails and what rights and responsibilities each party has under California law.

This article will explain a default divorce, walk through the step-by-step process in California, and break down the pros and cons. Whether you’re considering filing for a default divorce or you’ve been served and are unsure what to do next, this guide will help you understand your options and what to expect.

What Is a Default Divorce?

A default divorce occurs when one spouse (the “respondent”) fails to respond to the divorce petition filed by the other spouse (the “petitioner”) within the required 30-day timeframe in California. When this happens, the court may allow the divorce to proceed without the respondent’s input, granting the petitioner’s requests as laid out in the original filing.

It’s always best to consult a divorce attorney to ensure this route is in your best interest and that all legal procedures are followed correctly. However, a default divorce may be appropriate if:

You have minimal assets and no children
Your spouse is non-communicative or unreachable
You are confident the respondent won’t contest
You want to avoid prolonged negotiations or legal battles

The Legal Process of a Default Divorce in California

Here’s how a default divorce typically proceeds:

1. Filing the Petition

The process begins when the petitioner files the following with the court:

Petition for Dissolution of Marriage (FL-100)
Summons (FL-110)
If there are children: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105)

2. Serving the Other Spouse

Next, the petitioner must legally serve the respondent with the above documents. This cannot be done by the petitioner personally; it must be done by a third party over 18 (or a professional process server), and a Proof of Service (FL-115) must be filed with the court.

3. Waiting Period (30 Days)

Once served, the respondent has 30 calendar days to file a response. If no response is filed in that time frame, the petitioner can proceed with a Request to Enter Default (FL-165).

4. Filing the Request to Enter Default

The petitioner files the FL-165 form along with additional documents. The court reviews these documents to ensure the petitioner’s requests are reasonable and meet legal requirements. Sometimes, a court hearing may be scheduled to confirm the facts.

Some forms you may need to file include:

Declaration for Default or Uncontested Dissolution (FL-170)
Judgment (FL-180)
Notice of Entry of Judgment (FL-190)
Property declarations, custody, and support forms, if applicable

5. Judgment and Finalization

Once the court approves the default judgment, a Notice of Entry of Judgment is mailed to both parties. The divorce becomes final six months after the respondent was served or from the date of filing (whichever is later), in compliance with California’s mandatory waiting period.

Pros of Default Divorce

A default divorce can be advantageous in certain circumstances. Here are the key benefits:

Faster Resolution — If the respondent doesn’t participate, the process typically moves more quickly. There are fewer court appearances and less paperwork since there’s no negotiation.
Saves Money — A default divorce often avoids litigation or lengthy back-and-forth, reducing attorney fees and court costs. This makes it one of the more affordable divorce options.
Complete Control Over the Terms — The petitioner essentially drives the outcome. If the respondent doesn’t contest any of the terms (or simply doesn’t respond), the court will generally approve reasonable requests.
Useful When the Other Spouse Is Uncooperative or Missing — If the respondent is refusing to participate, unreachable, or actively avoiding service, default divorce allows the petitioner to move forward without being stuck in limbo.

Cons of Default Divorce

While there are benefits, default divorce also comes with potential drawbacks:

Risk of Unfair Judgment (for the Respondent) — If you’re the respondent and fail to respond, the court can make decisions affecting your property rights, finances, and even child custody without your input. You essentially lose your chance to influence the outcome.
Possibility of Reversal — In some cases, respondents who defaulted later try to overturn the judgment, claiming they weren’t properly served or didn’t understand the process. This can result in legal battles and delays.
Lack of Negotiation Can Be a Missed Opportunity — If both parties might have reached an agreement through dialogue or mediation, a default divorce can bypass that potentially fairer process.
Potential for Court Scrutiny — The judge must approve the requests even if the respondent doesn’t respond. If the terms seem unfair or legally questionable, the court may not grant the judgment as submitted. This can delay the process and require revisions.

Trust The Gorski Firm for Compassionate, Knowledgeable Legal Support Tailored to Your Situation.

Default divorce in California can be an effective and efficient way to end a marriage when one party is non-responsive or uncooperative. For petitioners, it offers a relatively streamlined process. For respondents, it’s a cautionary tale about the importance of responding to legal documents on time.

If you’re the petitioner, follow each legal step precisely, and submitting complete, accurate paperwork is crucial. If you’re the respondent, taking swift action can help protect your rights and ensure a fair resolution. Either way, the process can be overwhelming without the right guidance.

At The Gorski Firm, our team understands the nuances of California divorce law and has helped countless clients successfully navigate default divorces. Whether you’re filing or responding, we’re here to protect your interests, explain your options clearly, and handle the paperwork with precision.