A default divorce happens when the spouse who was served with divorce papers doesn’t file a response within their deadline. When that 30-day window passes with no response, the spouse who filed can ask the court to enter a default and finalize the divorce without the other spouse’s participation. In plain terms: your divorce doesn’t get stuck just because your spouse ignores it or won’t cooperate.
This is one of the most reassuring things to understand if you’re worried your spouse won’t sign anything or won’t engage. You still have a clear path forward. Here’s how a default divorce works in California, the two different kinds, and what it means for your case.
Quick note first: California Divorce Pros is a registered Legal Document Assistant service, not a law firm. We prepare and file default divorce paperwork; we don’t give legal advice on your specific case.
Key Takeaways
– A default divorce lets you finalize when your served spouse doesn’t respond in time.
– Your spouse’s silence can’t block your divorce.
– There are two types: a true default (no response, no agreement) and a default with a written agreement.
– You request it by filing a Request to Enter Default (Form FL-165) after the deadline passes.
– The six-month waiting period still applies, just like any California divorce.
What Is a Default Divorce?
When you file for divorce and properly serve your spouse, they have about 30 days to file a Response. If they don’t, they’re considered “in default.” That means they’ve given up their chance to formally participate, and you can move forward and finalize the divorce on your own.
You request this by filing a Request to Enter Default (Form FL-165) with the court, along with your judgment paperwork. The court can then grant your divorce based on what you asked for in your Petition, without needing your spouse’s signature or involvement.
The point of the default process is fairness in the other direction: it makes sure one spouse can’t hold the other hostage simply by refusing to respond.
The Two Types of Default Divorce
Not all defaults are the same, and the difference matters a lot.
True Default (no response, no agreement)
Your spouse was served, didn’t respond, and there’s no written agreement between you. The court finalizes the divorce based on what you requested in your Petition. This is common when a spouse has disappeared, won’t engage, or simply doesn’t contest anything.
Default With Agreement
Your spouse doesn’t file a formal Response, but the two of you have reached an agreement and put it in writing (usually a Marital Settlement Agreement). The court finalizes based on your shared, signed agreement rather than just one side’s requests. Some cooperative couples choose this route on purpose, because it means the responding spouse doesn’t have to pay a separate filing fee.
The right type depends entirely on your situation, whether your spouse is uncooperative or simply agreeable and hands-off.
Not sure which applies to you? Book a free consultation and we’ll help you figure it out.
When a Default Divorce Makes Sense
A default is the path in a few common situations:
- Your spouse won’t respond or engage with the divorce at all.
- Your spouse has disappeared or you’ve lost contact.
- You both agree, and you’d rather use a default-with-agreement than have your spouse file a formal Response.
In each case, the default process keeps your divorce moving. If your spouse is simply cooperative, this often overlaps with a straightforward uncontested divorce.
The Process, Step by Step
A default divorce follows the normal California path, with the default step added once the response window closes:
- File and serve. You file your Petition and have your spouse properly served. (See our guide on serving divorce papers.)
- Wait out the response window. Your spouse has about 30 days to respond.
- Request the default. If they don’t respond, you file the Request to Enter Default (FL-165) along with your judgment paperwork.
- Finalize. After the mandatory waiting period, the court enters your judgment.
Just remember: doing a default doesn’t skip California’s mandatory six-month waiting period. That clock still runs from the date of service, no matter how your spouse responds or doesn’t.
What If Your Spouse Can’t Be Found?
If your spouse can’t be located, you generally have to make a documented, diligent effort to find them before the court will let you proceed, sometimes through alternative service like publication. Once service is handled properly and the response window passes, the default path is available. This is a situation where the details matter, so it’s worth getting the paperwork right.
The Other Side: If You’ve Been Served
This article is written for the spouse who filed. If you’re the one who was served and you’re deciding whether to respond, that’s a different (and time-sensitive) situation, see our guide on responding to a divorce petition, since missing your window is what leads to a default against you.
How California Divorce Pros Helps
If your spouse won’t respond, we can prepare and file the default paperwork, including the Request to Enter Default and your judgment documents, so you can finalize your divorce without being stuck waiting on someone who won’t engage. And if you and your spouse agree, we can handle a default with your written agreement so your terms are honored.
Either way, you don’t have to let an unresponsive spouse stall your life. Here’s how our process works.
Frequently Asked Questions
What is a default divorce in California?
It’s a divorce finalized when the served spouse doesn’t file a Response within their deadline. The filing spouse requests a default and the court can finalize without the other spouse’s participation.
Can I get divorced if my spouse won’t respond?
Yes. If your spouse was properly served and doesn’t respond within about 30 days, you can request a default and move forward without them.
What form do I file for a default?
The Request to Enter Default (Form FL-165), filed with your judgment paperwork after the response window closes.
Does a default divorce skip the six-month waiting period?
No. California’s mandatory six-month waiting period applies to every divorce, including defaults. It runs from the date your spouse was served.
What’s the difference between a true default and a default with agreement?
In a true default, there’s no written agreement and the court decides based on your Petition. In a default with agreement, your spouse doesn’t file a Response but you have a signed agreement the court uses instead.
The Bottom Line
A default divorce means your spouse’s silence can’t trap you in a marriage. If they were properly served and don’t respond, you can request a default and finalize your California divorce without them, though the six-month waiting period still applies. And if you’re actually on good terms, a default with a written agreement can be a clean, cost-saving path.
If your spouse won’t respond, or you both simply want a hands-off route, we can handle the paperwork from start to finish.
Book your free consultation today → and let’s get your divorce moving, with or without your spouse’s cooperation.
California Divorce Pros is a registered and bonded Legal Document Assistant service. We are not attorneys, do not provide legal advice or representation, and cannot recommend legal forms or strategy. Document preparation is provided at the direction of the client under California Business & Professions Code §§ 6400 to 6415. For legal advice about your specific situation, consult a licensed attorney.
Part of our complete guide. This article is one chapter of Divorce in California: The Complete Guide — a step-by-step overview of filing, forms, costs, and what to expect.
