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A default divorce in California happens when a spouse is served with the divorce petition and doesn’t file a response within 30 days. The petitioner can then ask the court to proceed without the other spouse’s participation.
There are two kinds. A true default occurs when the respondent simply doesn’t participate. The petitioner files a request to enter default, completes financial disclosures, and asks the court for a judgment that matches what was requested in the petition. A default with agreement happens when both spouses agree on everything, but the respondent chooses not to file a response, often to save the filing fee. The agreement is signed and submitted with the judgment.
In a true default, the court generally can’t award more than what the petition asked for. That’s why the petition should list property, debts, support and custody requests accurately. Some judges also require testimony or declarations to support custody and support requests.
Service must be done correctly. If the respondent wasn’t properly served, the default can be set aside later. Courts can also set aside defaults for mistake, surprise or excusable neglect within set time limits.
The six-month waiting period still applies. Marital status ends no sooner than six months and one day after service.
Law & Mediation Offices of Dan DeSario & Associates, a Beverly Hills family law firm, advises petitioners to keep thorough records of service and disclosures. A carefully prepared default judgment is much harder to undo, which protects both spouses and any children.
*This article is general information about California family law and is not legal advice. Every case is different.*
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