If your spouse doesn’t file a Response within 30 days of being served, you can proceed with a default divorce — and it’s often simpler than a regular uncontested divorce.
What Is a Default Divorce?
A default divorce occurs when the respondent (the served spouse) fails to file a response within 30 days. By not responding, they forfeit their right to contest the terms of the divorce. The court can then grant the divorce based solely on the petitioner’s requests.
Why Would a Spouse Not Respond?
- They agree with everything and don’t want to deal with paperwork
- They can’t afford the $435 response filing fee
- They don’t care enough to respond
- They’re avoiding the process
- They can’t be found (in which case you’d use service by publication)
The Default Divorce Process
Step 1: Confirm the 30 Days Have Passed
Count 30 calendar days from the date of service (shown on the Proof of Service). If the 30th day falls on a weekend or holiday, extend to the next business day.
Step 2: File the Request for Entry of Default
File Form CIV-100 (Request for Entry of Default) with the court clerk. This locks out the respondent from filing a late response without court permission.
Step 3: Complete the Default Judgment Package
File: – FL-170 — Declaration for Default or Uncontested Dissolution – FL-180 — Judgment – FL-190 — Notice of Entry of Judgment – FL-150 — Income and Expense Declaration – All applicable attachments (custody, support, property)
Step 4: Disclosures (Still Required!)
Even in a default divorce, the petitioner must still complete Preliminary Declarations of Disclosure (FL-140, FL-142, FL-150). The respondent’s disclosure is NOT required in a true default.
Step 5: Court Reviews and Signs Judgment
The judge reviews the entire package. If everything is in order, the judge signs the judgment without a hearing. You receive the stamped FL-190.
Important Limitations
In a default divorce, you can only get what you asked for in the petition. If you didn’t request spousal support in the FL-100, you can’t add it in the judgment. This makes the original petition critically important.
Timeline
| Step | Timeline |
| Service | Day 1 |
| Response deadline passes | Day 31 |
| File default + judgment | Day 32+ |
| Court processes | 4–8 weeks |
| 6-month waiting period expires | Day 181+ |
| Divorce final | ~7–9 months |
How Superior Court Docs Can Help
We prepare your complete default divorce package — petition, default request, declarations, and judgment. We ensure your petition requests everything you’ll need so nothing is left out.
Starting at $599. 📞 (213) 973-7248 or get started.
Related: Complete Divorce Guide | Uncontested Divorce Process | How Long Does Divorce Take?
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