Being served with divorce papers does not require a spouse to agree with the divorce petition. It does, however, start an important period for responding to the case.

In a California dissolution proceeding, a respondent generally has 30 days after service of the summons and petition to file a response. If no response is filed, the petitioner may eventually seek to have the respondent’s default entered and continue the divorce without the respondent’s active participation.

What Does a Default Mean?

A default occurs when the respondent fails to formally participate within the applicable period and the petitioner completes the procedure for obtaining entry of default.

Once default is entered, the respondent’s ability to participate in the case can become significantly restricted.

The petitioner may then proceed toward a default judgment.

That judgment can potentially address property, support, and other issues properly before the court. When children are involved, custody and child support issues may also need to be addressed.

Ignoring the paperwork therefore does not prevent the divorce from moving forward.

Does the Petitioner Automatically Get Everything Requested?

No.

Default does not mean that the petitioner receives unlimited authority to choose the terms of the divorce.

The relief available in a default judgment is constrained by the pleadings and other applicable legal requirements. This is why the original divorce petition and any property information contained in or attached to it can become especially important.

The court must also receive the documents and proof necessary to enter judgment.

A default is therefore a procedural consequence of failing to participate—not an automatic approval of anything the petitioner might later request.

What if the 30-Day Period Has Already Passed?

Missing the initial response deadline does not necessarily mean default has already been entered.

There can be a period after the response deadline expires but before the petitioner actually requests and obtains entry of default.

If default has already been entered, different procedures may be necessary to seek relief from it. The availability of relief depends on the circumstances and applicable deadlines.

For that reason, someone who discovers that a response deadline has passed should determine the actual status of the court case rather than assuming nothing can be done.

Do Not Confuse Silence With Stopping the Divorce

California does not require both spouses to cooperate before a marriage can be dissolved.

A respondent who disagrees with requested property, support, or custody orders generally needs to participate in the court process to present that position.

The 30-day response period is therefore an important early deadline. Understanding whether a response has been filed, whether default has been requested, and what relief the petition seeks can help clarify what may happen next.