When you file for divorce in California, your spouse has a limited amount of time to respond. But what happens if they don’t? In many cases, you may be able to move forward with a default divorce—a process that allows you to finalize your case without their participation.

What Is a Default Divorce?

A default occurs when the responding spouse (the “respondent”) fails to file a response within the required timeframe—typically 30 days after being served with divorce papers.

If no response is filed, the filing spouse (the “petitioner”) can request that the court enter the respondent’s default. Once default is entered, the case can proceed without the other party’s involvement.

When Can You Request a Default?

You may request a default if your spouse does not:

• File a response
• File a motion challenging the case
• Otherwise make a formal appearance

However, timing matters. You must wait until the response period has expired—and any agreed extensions have passed—before filing your request.

What Happens After Default Is Entered?

After default is entered, you can ask the court to finalize your divorce based on the terms you requested in your original petition.

This is a critical point:
The court cannot grant more than what you originally asked for.

For example:

• If you did not request spousal support, the court may not award it
• If property division wasn’t clearly outlined, it may limit your options

That’s why it’s essential to ensure your initial paperwork is complete and accurate.

Can Your Spouse Challenge a Default?

Yes. A default can sometimes be set aside if your spouse can show:

• Mistake or excusable neglect
• Lack of proper notice
• Other legal grounds

Courts often prefer cases to be decided on their merits, so judges may allow a default to be undone in certain situations.

Should You Warn Your Spouse Before Filing Default?

In many cases, it’s wise to send a final notice before requesting default. This can:

• Reduce the chance of future disputes
• Show good faith
• Help avoid delays caused by a motion to set aside

Is Default Divorce the Right Approach?

Default divorce can be efficient when the other party is unresponsive. However, it requires careful planning to avoid mistakes that could affect your final judgment.

Speak With a California Divorce Attorney

Default cases may seem simple, but errors in your paperwork or strategy can have long-term consequences.

A California family law attorney can help you:

• Prepare a complete and enforceable petition
• Avoid issues that could invalidate your judgment
• Navigate the default process efficiently

If your spouse has not responded or you’re considering filing for default, consulting with an attorney can help ensure your case is handled correctly from the start.