Updated on January 16, 2024
When a resident files a petition for a divorce in California, they must fill out a variety of forms. Once they file completed forms, they must also send the summons to their spouse. A process server, sheriff’s office or any adult not involved in the case can serve the papers. Your spouse has 30 days to respond.
A California divorce lawyer can help you with the process of filing for divorce in Orange County. Contact Maggio Law Orange County Divorce Attorneys to schedule your FREE 30-minute consultation.
What if they don’t respond?
If your partner does not file a response, the case is a “default.” A default case can fall into two broad categories: a default with agreement and a default without agreement.
Default with agreement
A “default with agreement” in a divorce occurs when one spouse does not file a response to the divorce petition, but both spouses reach a mutual agreement on all the terms of their divorce. Here’s how it works:
- No response filed: One spouse (the respondent) does not file a formal response to the divorce petition within the required 30-day period.
- Mutual agreement: Despite the lack of a formal response, both spouses can work together to create a written contract that covers all aspects of their divorce. This includes decisions about property division, child custody and visitation, child support, spousal support and any other relevant issues.
- Written agreement: The agreement outlines all the terms that both spouses have agreed upon and must be in writing, signed by both parties and notarized.
- Submit to court: The spouse who filed the petition (the petitioner) submits the written agreement and the necessary final forms to the court. These forms include the Request to Enter Default (Form FL-165), Judgment (Form FL-180), and Notice of Entry of Judgment (Form FL-190).
- Court review: The court reviews the submitted documents to ensure everything is in order, the agreement is fair, and it complies with California law. If approved, the judge will sign the final judgment, making the divorce official.
A default with agreement allows couples to finalize their divorce without needing a court hearing, provided they can agree on all terms. This process can be quicker, less stressful and more private than a contested divorce.
Default without agreement
The default without agreement, often referred to as a true default case occurs in a situation where your spouse doesn’t respond to your divorce petition nor is there any written agreement for property division and custody related issues. In this scenario, the court has the last word in deciding custody and property distribution. Here’s what you need to do:
- Request a default: File a Request to Enter Default (Form FL-165) with the court, requesting the court to proceed with the divorce without your spouse’s input.
- Complete financial disclosure and custody proposal: Completed the Income and Expense Declaration (Form FL-150) and the Schedule of Assets and Debts (Form FL-142). Your proposed custody arrangements should include physical and legal custody details, visitation schedules and any other relevant information.
- Submit final paperwork: Prepare and submit the final judgment paperwork, including the Judgment (Form FL-180) and Notice of Entry of Judgment (Form FL-190). The court will review these documents and finalize if everything is in order.
- Court review: The judge will review your paperwork to ensure it complies with California law. If approved, the judge will sign the final judgment, including the date your marriage legally ends.
Before the divorce is final, there is a mandatory six-month waiting period from the date your spouse was served.
Legal guidance makes the process easier
These steps empower you to divorce even if your spouse does not participate. Still, the paperwork can be confusing. Those with questions can consult a family law attorney to ensure everything is handled correctly.