Default divorce California proceedings arise when the respondent fails to file a response to the divorce petition within the 30-day deadline after service. A divorce default California allows the petitioning spouse to proceed with the dissolution and obtain a judgment without the other spouse's participation — but the process has specific requirements, limitations, and risks that every petitioner should understand before proceeding by default.
What Is a Default Divorce in California?
A California divorce default occurs when the respondent is served with the divorce petition and does not file a Response (FL-120) within 30 days of service. After the response deadline passes, the petitioner can request the court clerk to enter a default against the respondent (using form FL-165). Once the default is entered, the respondent loses the right to participate in the proceedings and contest any of the terms the petitioner requests.
Default judgment divorce California then proceeds by having the petitioner submit their proposed judgment to the court. The judge reviews the judgment to ensure it is legally proper — divides community property correctly, meets child support guideline requirements if children are involved, and otherwise complies with California law — and if approved, signs the judgment. The respondent receives a copy of the signed judgment but has limited ability to challenge it after the fact.
True Default vs Uncontested Default Divorce California
California distinguishes between a "true default" and an "uncontested" dissolution. In a true default, the respondent genuinely fails to participate — they may be avoiding service, may have disappeared, or may simply be ignoring the proceedings. In an uncontested default divorce California, both parties have actually agreed on all terms (making it functionally an uncontested divorce) but the respondent has not formally filed a response — perhaps to save the filing fee or simplify the paperwork. In the uncontested default scenario, both spouses typically sign the proposed judgment together and submit it to the court without a formal response ever being filed.
Risks of Proceeding by Default
Divorce without spouse California default proceedings carry real risks for the petitioner. If the petitioner omits assets from the default judgment — even inadvertently — those assets may need to be divided later in a separate proceeding. If child support is set below guideline without proper waiver, the judgment may be challenged. And a respondent who claims they were never properly served, or who had a valid excuse for not responding, can move to set aside the default under Code of Civil Procedure section 473, potentially unwinding months of proceedings.
Spouse Did Not Respond to Divorce — Next Steps
Spouse did not respond to divorce and you want to proceed? After 30 days from the date of service, complete the following: request entry of default (FL-165); complete your own Declaration of Disclosure (FL-140, FL-142, FL-150); prepare a proposed judgment addressing all issues; and submit the judgment package to the court for review. The court will review the package for completeness and legal compliance and either approve it or return it with instructions for correction.
Furubotten Law, APC handles default divorce proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.