Default Divorce in California

What Is a Default Divorce in California?

A default divorce in California occurs when the respondent -- the spouse who did not file the original divorce petition -- fails to file a Response (form FL-120) within 30 days of being served with the Petition for Dissolution of Marriage (FL-100) and Summons (FL-110). When the response deadline passes without a filed Response, the petitioner can request that the court enter the respondent's default. Once the default is entered, the respondent loses the right to participate in the divorce proceedings, and the petitioner can proceed to a final divorce judgment based on their own proposed terms.

Default divorce California is different from an uncontested divorce, though both result in a final judgment without a contested hearing. In an uncontested divorce, both spouses participate and agree on all terms. In a default divorce, only the petitioner participates -- the respondent has abandoned their right to participate by failing to respond. The petitioner submits a proposed Judgment of Dissolution with their requested terms for property division, support, and custody, and the court reviews and approves it if it is in proper legal form.

How the Default Divorce Process Works

After the 30-day response period passes without a Response being filed, the petitioner files a Request to Enter Default (form FL-165) with the court. The clerk enters the default in the court's records. From this point, the respondent cannot file a Response without first having the default set aside by court order. The petitioner then prepares the final divorce documents -- including a Judgment (FL-180), a Marital Settlement Agreement or proposed property division, and supporting declarations -- and submits them to the court for the judge's review and signature. The judge reviews the proposed judgment to ensure it is in proper legal form and does not violate California law.

The six-month waiting period still applies in a default divorce -- the judgment cannot be entered until six months and one day have elapsed from the date of service of the petition. This waiting period runs regardless of whether the case is contested, uncontested, or on default. After the waiting period expires and the court approves the proposed judgment, the judge signs the judgment and it is filed with the clerk. Both parties are then legally divorced as of the dissolution date specified in the judgment.

Consequences of Default for the Respondent

A defaulted respondent in a California divorce gives up significant legal protections. The petitioner's proposed terms for property division become the default outcome -- the respondent cannot negotiate a different division, request spousal support, seek attorney fees, or contest the petitioner's proposed custody arrangement. In cases involving significant community property, retirement accounts, business interests, or children, the consequences of a default divorce can be financially and parentally devastating.

Can a default divorce be set aside? Yes, but the window is limited and the showing required is specific. A defaulted respondent can file a motion to set aside the default if they can show: mistake, inadvertence, surprise, or excusable neglect (for example, they were incapacitated or never actually received the papers); fraud; or that the default was entered based on improper service. The motion must be filed within a reasonable time -- typically within six months of discovery of the default, and never more than two years after the judgment was entered. Setting aside a default is more difficult than timely responding in the first place.

What If the Respondent Wants to Participate After a Default?

A respondent who missed the 30-day deadline but still wants to participate must move to set aside the default before taking any other action. The respondent files a motion with supporting declaration showing the grounds for setting aside the default, and the petitioner has the opportunity to oppose. If the court grants the set-aside, the respondent can file a late Response and the case proceeds as if the default had not been entered. If the motion is denied, the default remains and the petitioner can proceed to judgment.

Default Divorce Attorney in Orange County and Riverside County

Whether you are a petitioner handling a default divorce proceeding or a respondent who missed the response deadline and needs to set aside a default, Furubotten Law, APC can assist. Call (714) 795-3862 for a complimentary initial case evaluation.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.