Navigating a divorce is difficult. Between preparing court filings, negotiating terms such as custody and finances, and attending hearings, having two willing participants helps the process go smoother. But what happens when a spouse does not respond? Can you still get a divorce?
The answer is yes. Through a default divorce in California, state law provides a structured process, so you do not remain stuck simply because your spouse chooses not to participate.
At Pakpour Banks LLP, we guide individuals across California through every stage of divorce, including cases where one spouse does not engage in the process. We provide clear explanations, develop thoughtful strategies, and prepare precise court filings. Our goal is to help you move forward while complying with every legal requirement.
How Does the California Divorce Process Work?
You begin a divorce by filing a Petition for Dissolution of Marriage, which is the court form that asks a judge to end your marriage and addresses property, child custody, and support. After filing, you must hire someone to serve your spouse by delivering the petition you filed.
After being served, your spouse has 30 days to file a response, the formal document that tells the court what the non-filing spouse wants from the divorce. If your spouse does not respond within 30 days, you gain the right to request a default judgment.
California also imposes a mandatory waiting period. The court can enter a judgment but you cannot be legally divorced until at least six months and one day from the date of service.
What Is a Default Divorce?
When 30 days pass, and the non-filing spouse does not file a response, the filing spouse may request that the judge issue a default divorce. The court will review the request to decide whether to enter a default judgment. That judgment can look different depending on whether you and your spouse coordinate outside the courtroom or not. Critically, even in a default, the six-month waiting period still controls when the divorce can become final.
True Default Divorce in California
When your spouse does not file a response and does not participate in the case at all, you can request a true default divorce in California. In this situation, your spouse does not participate in the legal case at all. The judge reviews only the documents you submit along with any financial disclosures and written explanations, and grants any requests listed in your petition if state law permits those requests.
Default with Agreement in a California Divorce
Sometimes, spouses coordinate behind the scenes even if the non-filing spouse fails to respond to the divorce papers in court formally. When your spouse does not file a formal response, but both of you sign a written settlement agreement that resolves all issues, you can request a default with agreement.
How Do You Request a Default Judgment for a Divorce in California?
To request a default judgment for divorce in California, you:
- File a Request to Enter Default,
- Confirm that you properly served your spouse with your divorce papers,
- Complete and serve any required financial disclosure forms, and
- Submit final divorce paperwork asking the judge to approve your proposed divorce terms.
Some courts decide default cases based only on written submissions. Other courts schedule a brief hearing. Procedures vary by county, but the six-month waiting period always applies.
Key Limits and Safeguards in a Default Divorce
Although default allows you to proceed without your spouse’s participation, California law still protects fairness in several ways:
- The court cannot grant orders that go beyond what you requested in your petition;
- You must complete and serve financial disclosure forms even if your spouse does not respond; and
- If you and your spouse have children, the judge must confirm that custody and support arrangements serve the child’s best interests.
Your lawyer can help you navigate these limitations if you request a default divorce.
Take the Next Step with Trusted Family Law Attorneys at Pakpour Banks LLP
When your spouse does not respond to divorce papers, you can still move forward by requesting a default divorce in California. At Pakpour Banks LLP, we help clients prepare court filings, evaluate settlement options, and move cases toward final resolution in compliance with California law.
If you have filed for divorce, your spouse has not responded, and you want to understand your next steps, contact Pakpour Banks LLP. We can guide you through the process and help bring your divorce to a resolution.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- California Courts, FL-100 Petition—Marriage/Domestic Partnership.
- General Procedural Provisions, Cal. Fam. Code § 2339 (1994).
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.