Filing a divorce Petition and serving your spouse does not guarantee your spouse will ever respond. When 30 days pass with no Response on file, the case is not stuck. California has a specific path, called default, for moving a case to judgment without the other spouse's participation.
Key Takeaway: A default is available once your spouse is served, 30 days pass, and no Response is filed. The path runs through Form FL-165 (Request to Enter Default), Form FL-170 (Declaration for Default), and Form FL-180 (Judgment), and most people finish it without a court hearing.
What Is a Default Judgment in a California Divorce?
A default judgment is the outcome of a case where one spouse files and serves the divorce Petition, and the other spouse never files a Response within the required time. Instead of waiting indefinitely, the filing spouse can ask the court to enter a default and proceed toward a final judgment based on what was requested in the Petition. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
Once your spouse is served, the rule is: they have 30 days to respond. {/* source: https://selfhelp.courts.ca.gov/divorce/start-divorce/serve */} If that window closes with no Response filed, the default process becomes available.
A case sitting past that 30-day mark with no Response on file is not unusual. A spouse may have moved, may not intend to participate in the case, or may agree with the outcome and simply never file paperwork of their own. Whatever the reason, the default process exists so the filing spouse is not left waiting indefinitely on someone else's decision to respond.
For the mechanics of service itself, including who can serve papers and what proof is required to start that 30-day clock, see How to Serve Divorce Papers in California.
Before You Can Request Default: What Must Be True
California's self-help guidance lists specific conditions that must already be met before a default can be requested. The rule is: {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
- At least 30 days have passed since your spouse was served
- Your spouse did not file a Response
- You have filed Proof of Service of Summons, Form FL-115
- You have filed Declaration Regarding Service of Declaration of Disclosure, Form FL-141
{/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
Notice that two of these four conditions are paperwork you have to have already filed, not just time that has to pass. A default request submitted before FL-115 and FL-141 are on file with the court is missing pieces the clerk needs before moving forward. For a full walkthrough of the financial disclosure requirement behind FL-141, see Getting Financial Clarity Before You File for Divorce in California.
Requesting Entry of Default: Form FL-165
Form FL-165, Request to Enter Default, is the document that formally asks the court to enter a default because your spouse did not respond. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
The rule is: FL-165 is filed with two copies and a stamped envelope addressed to your spouse. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */} The clerk uses that envelope to notify your spouse that a default has been entered in the case.
The Declaration for Default: Form FL-170
Alongside FL-165, a default request requires Form FL-170, Declaration for Default. This form is required to demonstrate that you meet the requirements for a default judgment. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
Where FL-165 asks the court to enter the default, FL-170 is where you confirm, in writing, that the underlying facts and paperwork line up with what the court requires before it will act on that request.
Default With a Written Agreement
Not every default case is a spouse who disappeared entirely. Some spouses agree with the outcome but simply never file a formal Response. California has a separate path for this: default with agreement. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
The rule is: a default with agreement still requires that at least 30 days have passed since service and that no Response was filed, but it adds two conditions on top of a standard default: {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
- A signed written agreement exists between the spouses
- Your spouse's signature on the agreement is notarized
{/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
The written agreement has to address property division, debt division, and spousal support eligibility. The rule is: the court may reject the judgment if any of those three issues is left unaddressed. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
A default with agreement also involves a choice about financial disclosures: waiving final disclosures with Form FL-144, or completing them with Forms FL-140 and FL-141. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
Once FL-165 is filed, the clerk notifies your spouse. After the judge signs FL-180, the court mails FL-190 confirming the case is final. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
Additional Forms Depending on What You Are Requesting
Beyond FL-165, FL-170, and FL-180, several forms come into play only if they apply to what you are asking the court to order. Which of these you need depends entirely on what your case involves, not on the fact that it is a default:
| Form | Purpose | Required When |
|---|---|---|
| FL-160 | Property Declaration | Dividing community property or confirming separate property |
| FL-150 | Income and Expense Declaration | Requesting spousal support or attorney's fees |
| FL-157 | Spousal Support Declaration Attachment | Providing detailed spousal support information |
| FL-343 | Spousal Support Order Attachment | Specifying requested spousal support terms |
| FL-435 | Earnings Assignment Order | Arranging wage garnishment for support |
| FL-345 | Property Order Attachment | Listing specific property division orders |
{/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
Whether you need any of these depends entirely on what your Petition requested. A default judgment can only grant what was asked for in the original Petition, so the forms you attach at this stage should match those original requests. All of the forms referenced in this guide, FL-115, FL-141, FL-165, FL-170, FL-180, FL-190, and the conditional attachments above, are available on our forms page. For the full sequence from the initial Petition onward, see How to File for Divorce in California Without a Lawyer.
Do You Need a Hearing?
One of the more reassuring facts about the default process: a courtroom appearance is often not required. The rule is: a hearing may be required if you are asking for spousal support or something complicated, but most people can finish a default divorce without going to court. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
In practice, this means straightforward defaults, ones without a spousal support request or other complicating factor, are typically reviewed and processed by the clerk and judge on paper, without either spouse appearing in front of a judge.
From Default to Final Judgment: FL-180 and FL-190
Form FL-180, Judgment, is the final court order dissolving the marriage or domestic partnership. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default /} In a default with agreement, the signed agreement is attached directly to FL-180. {/ source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
Once the judge signs FL-180, the court sends Form FL-190, Notice of Entry of Judgment. The rule is: FL-190 confirms the divorce or legal separation is final and lists the official end date. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
That end date is the number to watch. It marks the case as officially closed, and it is the date referenced on FL-190 itself rather than the date FL-165 or FL-180 was filed. For how default timing fits into the overall length of a California divorce, see How Long Does Divorce Take in California?
Common Mistakes That Delay a Default Judgment
A default case moves at the pace of the paperwork behind it, so the same handful of gaps tend to show up again and again:
- Filing FL-165 before Proof of Service (FL-115) or the disclosure declaration (FL-141) is on file
- Requesting relief on FL-180 that was never listed in the original Petition
- Skipping the additional forms a specific request requires, such as FL-150 or FL-157 for spousal support
- Submitting a written agreement for a default with agreement that leaves property, debt, or spousal support unaddressed
- Assuming a hearing is required in every case, or assuming one is never required
- Losing track of the stamped envelope FL-165 requires for notifying your spouse
Any one of these can send a default request back for correction, which resets the clock on how quickly the case moves toward a signed judgment.
Frequently Asked Questions
What is a default judgment in a California divorce?
A default judgment is available when a spouse files and serves a divorce Petition, more than 30 days pass, and the other spouse never files a Response. The filing spouse can then ask the court to enter a default and move the case toward judgment without the other spouse's participation. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
What is Form FL-165 used for?
Form FL-165, Request to Enter Default, asks the court to enter a default because your spouse did not respond. It is filed with two copies and a stamped envelope addressed to your spouse. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
Do I have to go to a hearing to get a default judgment?
Not always. The rule is: a hearing may be required if you are asking for spousal support or something complicated, but most people can finish a default divorce without going to court. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
What is the difference between a default and a default with agreement?
In a standard default, the other spouse never responds and never signs anything. A default with agreement still requires that no Response was filed, but it also requires a signed written agreement between the spouses, with the responding spouse's signature notarized. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
What forms do I need for a default with a written agreement?
A default with agreement still uses Form FL-165 (Request to Enter Default), Form FL-170 (Declaration for Default), and Form FL-180 (Judgment), with the signed agreement attached to FL-180. It also requires choosing between waiving final financial disclosures with Form FL-144 or completing them with FL-140 and FL-141. {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default-agreement */}
What must already be filed before I can request a default?
Before requesting a default, the rule is: at least 30 days must have passed since your spouse was served, your spouse must not have filed a Response, and you must have already filed Proof of Service of Summons (Form FL-115) and Declaration Regarding Service of Declaration of Disclosure (Form FL-141). {/* source: https://selfhelp.courts.ca.gov/divorce/finalize-divorce/default */}
How Virdix Helps With Default Cases
A default judgment removes the need for your spouse's cooperation, but the paperwork still has to line up correctly for the court to approve it. Virdix helps prepare that paperwork:
- Guided intake, that identifies which forms your specific default request needs
- Consistency checks, so your judgment request (FL-180) matches what was originally requested in your Petition
- The right attachments, for support, property, or agreement terms depending on your situation
- County-specific filing instructions, for submitting your default paperwork to the correct court
Virdix does not represent you in court or decide whether a hearing is required. It prepares your forms so that once a default is available to you, the paperwork itself is not what holds up your judgment.
Start Your California Divorce Paperwork →
Last updated: September 2026. This article is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult with a licensed California family law attorney.
Sources: Finish a divorce by default, Finish a divorce by default with an agreement, Serve your divorce papers, California Courts Self-Help Guide