Filing for divorce does not require the other spouse's cooperation. If the Respondent was properly served with the Petition and Summons and simply never files anything back, California law still gives the Petitioner a path forward: the default divorce.
Key Takeaway: A default divorce happens when the Respondent is served but never files a Response within 30 days. The Petitioner requests the default using Form FL-165, the case can then proceed largely on what the Petition asked for, and it still has to move through disclosures, the mandatory waiting period, and a signed judgment (generally Forms FL-170 and FL-180) before it is final.
A "default" in a California divorce is not a punishment and it is not automatic. It is a formal, documented status the court clerk enters into the case file once two things are true: the Respondent was properly served, and the Respondent did not file a Response, or otherwise appear in the case, within the time the law allows.
Once entered, the default lets the case keep moving even though only one spouse is actively participating. It is the mechanism that prevents an uncooperative or unreachable spouse from being able to freeze a divorce indefinitely simply by ignoring it.
A default divorce is different from an uncontested divorce reached by full agreement, and different from the new option, available since January 1, 2026, for couples who agree on everything to file a Joint Petition together and skip the Petition and Response structure entirely. A default specifically describes a case where one spouse is not participating at all, whether by choice, by circumstance, or because they cannot be located.
It also is not the same thing as an "uncontested" divorce in the everyday sense of that word. Two spouses can be entirely cooperative and still end up technically proceeding as a default with agreement, simply because the Respondent chose not to file a formal Response and instead signed a settlement outside the Response process. The label describes what happened procedurally, not how the spouses actually got along.
Before anyone can request a default, the clock has to run out. Once the Respondent is served with the Petition (Form FL-100) and Summons (Form FL-110), they generally have 30 calendar days to file a Response, Form FL-120.
A few details matter here:
- The 30 days count from the date of service, documented on the Proof of Service, not the date the Petition was filed.
- The days are calendar days, including weekends and holidays, not business days.
- A default cannot be requested a single day early. Filing before the full 30 days have passed is one of the most common reasons a Request to Enter Default gets rejected.
If you are the spouse who was served and are still inside your 30 day window, filing a Response, even a short one, is what keeps your voice in the case going forward. Our guide, What Happens If You Don't Respond to Divorce Papers in California?, walks through that decision in more detail from the Respondent's side.
<h2 id="filing-fl-165">Filing Form FL-165, Request to Enter Default</h2>Once the 30 days have passed with nothing filed, the Petitioner files Form FL-165, Request to Enter Default, asking the court clerk (not a judge, at this stage) to formally note that the Respondent did not respond in time.
FL-165 generally requires:
- Proof that the Respondent was properly served, already established through a filed Proof of Service (Form FL-115)
- The Respondent's last known mailing address, so the clerk can mail notice of the default
- A signed declaration confirming that no Response has been filed within the time allowed
For a full section-by-section walkthrough of the form itself, see How to Fill Out Form FL-165.
An incorrect or outdated address for the Respondent is one of the most common problems on FL-165. If you are not confident in the address you have, check with your county Superior Court self-help center before filing, since a bad address can create disputes later about whether notice was proper.
Once the clerk enters the default, the Respondent generally loses the ability to file a Response without first asking the court's permission to set the default aside, which is a separate request and not guaranteed.
<h2 id="true-default-vs-agreement">True Default vs. Default With a Written Agreement</h2>Not every default case looks the same. There are two distinct versions, and it is worth knowing which one applies to you.
True Default
In a true default, the Respondent does not participate in any way: no Response, no written agreement, no appearance in court. The judgment is based entirely on what the Petitioner requested in the original Petition. This is the more limited path, since the court generally cannot award anything beyond what was actually asked for there.
Default With a Written Agreement
Sometimes the Respondent never files a formal Response, but the spouses still work out terms together on property, support, or custody, and sign a written agreement documenting it. In this version, the default paperwork is filed alongside that signed agreement, so the resulting judgment reflects the terms both spouses actually agreed to, rather than only what the original Petition requested.
Whichever version applies has to stay consistent across FL-165 and the later judgment paperwork. A mismatch between what the Request to Enter Default states and what the judgment ultimately asks for is a common reason cases get sent back for correction.
A default is not a blank check, but within the boundaries of the original Petition, it comes close. In a true default, the judgment can generally cover:
- How community property and debts are divided
- Spousal support, awarded or denied
- Child custody, visitation, and child support, if there are minor children together
- Whether either spouse's former name is restored
- Attorney's fees, if they were requested
Because the court generally cannot award more than what the Petition actually asked for, accuracy in the original filing matters. It also means anything the absent spouse might have disagreed with, but never appeared to say so, simply is not weighed against the Petitioner's requests.
If there has been domestic violence, or you are afraid of the other party, this situation calls for extra caution rather than simply letting a case default. Call 911 in an emergency. The National Domestic Violence Hotline is available at 1-800-799-7233, or text START to 88788. A domestic violence restraining order can be requested whether or not a divorce case is pending.
A default speeds up a stalled case, but it does not skip California's other requirements. Two of them apply regardless of whether the Respondent ever participates:
- Financial disclosures. The Petitioner generally still has to complete and serve the required income, expense, and property disclosures before the case can move to judgment, even when the Respondent never responds.
- The mandatory waiting period. California requires a 6 month waiting period, measured from the date of service, before a dissolution can take effect. This period runs the same whether the case is contested, agreed, or in default. A default does not shorten it.
Entering the default is a milestone, not the finish line. To actually finalize the divorce, the Petitioner still needs to assemble and file a judgment packet, generally built around two forms:
| Form | Purpose |
|---|---|
| FL-170, Declaration for Default or Uncontested Dissolution | A sworn declaration supporting the judgment request in an unopposed case, confirming what is being asked for and why |
| FL-180, Judgment | The proposed judgment itself, submitted for a judge's review and signature, stating the type of case, the effective date, and the terms that resolve property, support, and custody |
A judge personally reviews this packet before signing. If something is missing, inconsistent with the Petition, or the effective date does not respect the waiting period, the court will typically return it for correction rather than sign it as submitted. For a deeper look at each form, see How to Fill Out Form FL-170 and How to Fill Out Form FL-180.
A default case does not generally add its own separate court filing fee on top of what the Petitioner already paid to open the case. The bulk of the cost in most self-represented default divorces comes from a few other places instead:
- The original filing fee, generally $435 to $450 depending on the county, paid when the Petition was first filed
- Serving the Respondent, whether that is a small fee for a friend's time and mileage or a professional process server's rate
- Preparing the paperwork correctly, either your own time working through FL-165, FL-170, and FL-180, or the cost of a document preparation service or attorney if you want help getting it right
- Certified copies of the final judgment, sometimes needed afterward for name changes, benefits, or other post-judgment needs
If cost is a barrier at the filing stage, a fee waiver is available through Form FW-001, Request to Waive Court Fees. Because a default case still has to reach a judge for a signature, spending a bit more time or money getting the packet right the first time is often cheaper than absorbing the delay of having it rejected and resubmitted.
<h2 id="common-mistakes">Common Mistakes That Slow Down a Default</h2>- Filing FL-165 before the full 30 days since service have actually passed
- Listing an incorrect or outdated mailing address for the Respondent
- Treating the default as the end of the case and forgetting the required disclosures
- Assuming the 6 month waiting period can be shortened because the case is unopposed
- Requesting a true default when a written agreement actually exists, or the reverse
- Waiting until the last minute to assemble FL-170 and FL-180, rather than understanding the full sequence in advance
- Details on FL-165 not matching the Proof of Service already on file
Once entered, a default is not automatically permanent, but reversing it is not simple either. A Respondent who wants to file a Response after a default has been entered generally has to ask the court's permission to set the default aside first. Courts typically expect a valid legal reason, such as never actually being properly served, rather than simply having ignored the case and changed their mind later. This process:
- Requires a separate motion, not just showing up to file a Response
- Is not automatic or guaranteed, even with a reasonable-sounding explanation
- Can be time sensitive, since courts generally expect it to be raised promptly
If you were served and are unsure whether a default has already been entered against you, contact your county Superior Court self-help center as soon as possible rather than waiting to find out through the mail. The further a case has progressed toward judgment, the more urgent that call becomes, since a signed judgment adds another layer on top of the default itself.
<h2 id="faqs">Frequently Asked Questions</h2>What exactly is a default divorce in California?
A default divorce happens when the Respondent was properly served with the Petition and Summons but never filed a Response within the time allowed and never otherwise appeared in the case. The Petitioner can then ask the court clerk to enter the Respondent's default, which lets the case move toward judgment without the Respondent's participation.
How long do I have to wait before I can file for a default?
You generally cannot request a default until at least 30 days have passed since the Respondent was served, and only if no Response has been filed in that time. The clock runs from the date of service shown on the Proof of Service, not the date the Petition was filed.
Does a default mean I automatically get everything I asked for?
Not without limits. A true default judgment generally cannot award more than what was actually requested in the original Petition, and the court still applies California law, including child support guidelines, regardless of whether the Respondent participated. Within those bounds, an unopposed case does proceed largely on the Petitioner's terms, since there is nothing on the record from the other side.
What is the difference between a true default and a default with agreement?
In a true default, the Respondent never participates at all: no Response, no signed agreement, no appearance. The judgment is based only on what the Petition requested. In a default with a written agreement, the Respondent still did not file a formal Response, but the spouses worked out and signed terms on property, support, or custody, and that agreement is filed along with the default paperwork so the judgment reflects it.
Do financial disclosures still have to happen in a default case?
Generally, yes. Even when the Respondent never responds, the Petitioner still needs to complete and serve the required financial disclosures, and the case still cannot finalize until California's mandatory 6 month waiting period from the date of service has fully run. A default speeds up an unresponsive case, but it does not skip these steps.
What forms turn a default into a final judgment?
After the default is entered, the case still needs a completed judgment packet, generally built on Form FL-170, the Declaration for Default or Uncontested Dissolution, and Form FL-180, the Judgment itself, before a judge can sign off. Requirements vary somewhat by county, so confirm the current checklist with your court's self-help center.
Can the Respondent undo a default after it is entered?
Once a default is entered, the Respondent generally loses the ability to file a Response without first asking the court to set the default aside. That is a separate motion, is not automatic, and typically requires showing a valid legal reason, such as never actually being properly served. It is a much harder path than simply filing a timely Response in the first place.
How Virdix Helps With a Default Divorce
A default case still involves real paperwork, real deadlines, and a judge who reviews every submission. Virdix is built to keep an unopposed case moving correctly from service through judgment:
- Deadline tracking, so you know exactly when the 30 day window has closed and FL-165 can be filed
- Guided questions, plain language in place of legal terms, for FL-165, FL-170, and FL-180
- Consistency checks, so your declaration matches the Proof of Service already on file and your judgment matches your Petition
- A clear sequence, so disclosures and the waiting period are never mistaken for optional steps
We don't replace an attorney for contested or complex cases, but for a straightforward, unresponsive Respondent, Virdix helps make sure your default paperwork is complete and consistent the first time it reaches a judge.
Start Your California Divorce Paperwork →
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California