Not every California divorce requires a contested trial. Many cases proceed either by default or as uncontested matters when the parties reach agreements or one spouse fails to participate.

Even in uncontested cases, however, California law requires proof before a court may enter judgment.

Understanding the procedures for default and uncontested divorces is important for ensuring that judgments are properly entered and enforceable.

What Is a Default Divorce?

A default divorce occurs when:

• One spouse files for divorce
• The other spouse fails to respond within the required time

After default is entered, the petitioner may proceed without the responding spouse’s participation.

However, the court must still review the requested orders before granting judgment.

What Is an Uncontested Divorce?

An uncontested divorce occurs when:

• Both spouses participate
• The parties agree on all major issues

These issues may include:

• Property division
• Child custody
• Child support
• Spousal support
• Attorney fees

Even though the parties agree, California courts still require proof supporting the judgment.

California’s Proof Requirement

Under Family Code section 2336, courts must receive proof of:

• Grounds for dissolution
• Jurisdictional facts
• Requested relief

This requirement applies even when:

• The case is uncontested
• The parties stipulate to judgment
• A respondent defaults

Courts cannot simply approve divorce paperwork automatically.

Proof by Declaration

Most uncontested cases proceed using written declarations rather than live testimony.

The primary form used is:

• Declaration for Default or Uncontested Dissolution (FL-170)

The declaration typically addresses:

• Residency requirements
• Grounds for divorce
• Property agreements
• Custody arrangements
• Support requests

In many counties, parties are not required to appear personally if declarations are sufficient.

When Hearings May Still Be Required

Courts may require hearings when concerns exist regarding:

• Child custody
• Child support
• Fairness of agreements
• Service of process
• Public policy concerns

More complicated cases sometimes require live testimony.

Important Supporting Documents

Depending on the issues involved, additional forms may include:

• FL-150 Income and Expense Declaration
• FL-160 Property Declaration
• Settlement agreements
• FL-130 Appearance, Stipulations, and Waivers

Failure to submit proper documentation can delay judgment.

Common Problems in Default Cases

Default divorces often encounter issues involving:

• Improper service
• Incomplete disclosures
• Requests exceeding the petition
• Missing financial information
• Defective judgments

California courts carefully review default paperwork before granting relief.

Consult a California Family Law Attorney

Even uncontested divorces involve important procedural and legal requirements. Mistakes in default or stipulated judgments can lead to delays, rejected paperwork, or future challenges to the judgment.

If you are pursuing a default or uncontested divorce in California, you should consult with an experienced California family law attorney to ensure that your judgment is properly prepared and legally enforceable.