What Is a Default Judgment Divorce in California? (And When to Use It)

A default judgment divorce is one of the most misunderstood aspects of California divorce law. Many people assume both spouses must participate for a divorce to proceed — but that’s not the case. If your spouse doesn’t respond to your divorce petition, you can obtain a default judgment and finalize the divorce on your terms.

How Default Judgment Works

Here’s the basic flow:

You file a Petition for Dissolution (FL-100) and Summons (FL-110)
Your spouse is properly served with the documents
Your spouse has 30 days to file a Response (FL-120)
If they don’t respond within 30 days → you request a default
You file your default judgment package with the court
The judge reviews and approves the judgment
Your divorce is finalized (after the 6-month waiting period)

When Default Judgment Applies

Default judgment is appropriate when:

Your spouse is cooperative but passive — They agree to the divorce but don’t want to do paperwork or pay the $435 response filing fee
Your spouse is ignoring the divorce — They were properly served but chose not to respond
Your spouse can’t be located — After service by publication, the court can proceed with a default
Your spouse is uninvolved — You’ve been separated for years and they have no interest in participating

True Default vs. Default With Agreement

There are actually two types of default:

True Default (Unilateral)

Your spouse doesn’t respond at all. You file the judgment based on what YOU requested in your petition. The court grants the divorce on your proposed terms.

Important: The court will only grant what you asked for in the original petition. If you didn’t request spousal support in your petition, you can’t add it in the judgment.

Default With Agreement

Your spouse doesn’t file a formal Response but DOES sign a written agreement (marital settlement agreement). This is very common — many couples choose this route to save on the $435 response fee while still reaching a mutual agreement.

The Default Judgment Process

Step 1: Confirm Service Was Proper

Before requesting a default, verify that your spouse was properly served AND that the 30-day response period has expired. The court will check this carefully.

Step 2: File the Request for Default

Complete and file Form CIV-100 (Request for Entry of Default). Attach your Proof of Service showing when and how your spouse was served.

Step 3: Complete Financial Disclosures

Even in a default case, you must complete your Preliminary Declaration of Disclosure (FL-140, FL-142, FL-150) and serve it on your spouse (or file a declaration stating you attempted service).

Step 4: Prepare the Default Judgment Package

Your judgment package includes: – FL-170 — Declaration for Default or Uncontested Dissolution – FL-180 — Judgment – FL-190 — Notice of Entry of Judgment – FL-341 — Child Custody and Visitation Order (if children) – FL-342 — Child Support Information and Order (if children) – FL-343 — Spousal/Partner Support Order (if applicable) – Marital Settlement Agreement (if default with agreement)

Step 5: Submit for Judge Review

The judge reviews your entire package. If everything is in order, they sign the judgment. If there are errors or omissions, the package comes back for corrections — which can add weeks or months.

Timeline for Default Divorce

Step	Timeline
File petition and serve spouse	Week 1–2
Wait 30 days for response	Day 30
Request entry of default	Day 31+
Complete disclosures	Concurrent
Submit judgment package	Week 6–10
Judge reviews and signs	4–8 weeks after submission
6-month waiting period	Must pass before final
Typical total	6–9 months

Common Mistakes With Default Judgment

Filing too early — Requesting default before the full 30 days have expired
Asking for more than you petitioned for — The judgment can’t exceed what was in your original petition
Skipping financial disclosures — Required even in default cases
Incomplete judgment package — Missing even one form sends the whole package back
Not including proper service documentation — Proof of service must be filed

How Superior Court Docs Can Help

Default judgment divorces involve extensive paperwork — more forms than a standard uncontested divorce because you’re building the entire case unilaterally. Superior Court Docs prepares your complete default judgment package, ensuring every form is accurate and complete.

Starting at $599 — call (213) 973-7248 or get started.

Frequently Asked Questions

Can my spouse stop the divorce if they didn’t respond?

Once the default is entered, your spouse can file a motion to set aside the default — but they must show good cause (didn’t receive the papers, was incapacitated, etc.). Simply ignoring the papers and then changing your mind is usually not sufficient to set aside a default.

Do I still have to wait 6 months?

Yes. The 6-month mandatory waiting period applies to ALL California divorces, including default judgment. The clock starts when your spouse is served, not when you file the petition.

What if my spouse responds on Day 29?

If your spouse files a Response within the 30-day period, you cannot request a default. The case proceeds as a standard uncontested or contested divorce, depending on whether you agree on the terms.