Receiving divorce papers creates important procedural deadlines. When a respondent does not file a response and their default is entered, the petitioner may be able to continue toward a California divorce judgment without the respondent’s participation. Default does not mean, however, that the petitioner automatically receives every requested term. The court must still review the proposed judgment and determine what orders can properly be entered.

Default Allows the Divorce Case to Continue Without a Response

A default proceeding occurs when the respondent does not participate as required and a default is entered.

Once that occurs, the petitioner can proceed through the procedures necessary to obtain a judgment.

When there is no agreement between the spouses, the petitioner generally prepares a proposed family law judgment identifying the orders requested from the court.

Depending on the issues properly before the court, the proposed judgment may address matters such as child custody and visitation, child support, spousal support, confirmation of separate property, and division of community property.

The petitioner then submits the proposed judgment with the required default or uncontested dissolution materials or presents it in connection with a default hearing when one is required.

A respondent’s failure to participate therefore does not prevent the divorce from eventually reaching judgment.

The Petitioner Does Not Automatically Get Everything Requested

Default should not be understood as an automatic victory.

The family court still reviews the proposed judgment.

Before submitting it, the petitioner cannot know with certainty that the court will approve every requested order. If the court does not approve the proposed judgment in its entirety, the judge may make changes or require a revised judgment reflecting the orders the court actually makes.

The court’s authority also remains subject to procedural and jurisdictional limitations.

For example, financial orders require the necessary jurisdiction over the respondent. Proper service and the scope of the matters placed before the court can therefore become significant when determining what relief may be included in a default judgment.

This is one reason a respondent should not assume that ignoring divorce papers will stop the proceeding. It may instead allow the case to move forward without that person actively presenting their position.

Financial Disclosure Requirements Still Matter in a Default

Default does not eliminate California’s financial disclosure system.

A petitioner is generally still required to complete a Preliminary Declaration of Disclosure in a true default case. The source materials identify a limited exception involving court-ordered posting or publication when the respondent defaults.

Final disclosure works differently.

In a true default—meaning the respondent neither appears nor participates—the petitioner may waive the Final Declaration of Disclosure requirement. This rule does not apply merely because the parties call their procedure a default when both have actually participated and entered into a stipulated judgment or marital settlement agreement.

These distinctions are important because default affects how the case proceeds, but it does not erase the legal requirements governing disclosure and entry of judgment.

Failing to Respond Can Significantly Limit Participation in the Divorce

A California divorce can proceed after the respondent’s default is entered, potentially resulting in enforceable orders concerning property, support, custody, and visitation. The petitioner does not automatically receive every requested order, because the family court must still review and approve the judgment. A spouse who has defaulted may have procedures for seeking relief under qualifying circumstances, but those procedures have their own requirements and deadlines.