When a divorce petition is filed and served, and the other spouse simply never files a response, the case does not stall out forever. The filing spouse can generally ask the court to enter a default, a formal step that lets the case move forward even without the other side's participation. Understanding how that request works, and how it can later be undone, matters whether you are the one filing it or the one who missed a deadline.
Key Takeaway: A request for order of default asks the court to formally note that the responding spouse's deadline passed with nothing filed. It generally requires proof of service and a completed deadline before it can be filed, and every state has its own specific form. A default is not automatically permanent: it can generally be set aside for a valid reason, most commonly improper service. This guide covers the general rule, then California and Florida specifics.
What Is a Default Judgment in a Divorce Case?
A default judgment is a final divorce judgment entered after the responding spouse never filed anything within their deadline. Rather than the case proceeding through the normal back-and-forth of a filed Response, the court treats the non-responding spouse as not contesting the claims in the petition, and the case can move toward a judgment based largely on what the filing spouse requested.
A default is not the same thing as an agreement. It reflects an absence of participation, not a negotiated outcome, and most states still build in some review before a judge signs off, particularly where children are involved.
How Do You Request an Order of Default in a Divorce?
The general shape of the process is similar across states, though the specific form differs:
- Confirm the responding spouse was properly served, since a default generally cannot be entered without valid proof of service on file.
- Wait for the response deadline to fully pass with nothing filed by the other spouse.
- File the state's specific default request form, generally with the clerk of court, asking that a default be entered.
- Proceed toward a final judgment, which in most states still requires additional paperwork, and in some cases a hearing, before a judge will sign the final order.
What Happens If the Other Spouse Never Responds?
Once the deadline passes with nothing filed, the filing spouse can generally request a default. From there, the case moves toward a judgment, but "default" is not the same as "automatic." Courts typically still expect the filing spouse to submit complete financial disclosures, a proposed judgment, and, where minor children are involved, additional paperwork addressing custody, visitation, and support, since a judge is still expected to review those terms under a best interest standard rather than simply rubber-stamping the request.
Can a Default Order Be Set Aside?
Generally, yes, but it is not automatic and is not simply a matter of changing your mind. The non-responding spouse typically has to file a separate motion asking the court to set the default aside, and courts generally expect a specific, valid legal reason, most commonly that service was never proper in the first place, rather than just having missed the deadline and wanting another chance. These motions tend to be time-sensitive, meaning waiting too long after learning about the default can work against the person asking to set it aside.
If a default has already been entered against you, or a default judgment has already been signed, this is a situation where speaking with a licensed family law attorney promptly is worth doing before filing anything on your own.
California: Requesting a Default
In California, once the Respondent's 30-day window to file a Response has passed with nothing on file, the Petitioner can file Form FL-165, Request to Enter Default, with the court clerk. From there, finishing the case requires submitting the judgment paperwork, along with copies and prepaid envelopes, so the court can process and mail the signed Judgment once a judge reviews and approves it.
Our full guide to default divorce in California covers Form FL-165, the judgment packet (FL-170 and FL-180), and how a default can later be set aside, in detail.
Florida: Requesting a Default
In Florida, once the Respondent's 20-day window to file an Answer has passed, the Petitioner can move for entry of a default under Florida Family Law Rule of Procedure 12.500 (Defaults and Final Judgments Thereon), using Family Law Form 12.922(a), Motion for Default. Rule 12.540 (Relief from Judgment, Decrees, or Orders) provides the general mechanism for asking a court to set aside a default once it has been entered.
Our full guide to what happens if you don't respond to divorce papers in Florida covers the default process and setting a default aside in more detail.
Other States Differ
California and Florida are covered here in detail because those are the two states with sources verified for this guide. Every other state sets its own response deadline, its own default request form, and its own standard for setting a default aside. If your case is outside California or Florida, confirm the current procedure with your state court's self-help resources or the clerk of court before relying on either state's process.
Common Mistakes to Avoid
- Requesting a default before the response deadline has actually fully passed
- Requesting a default without valid proof of service already on file
- Assuming a default automatically grants every term requested in the petition
- Waiting too long to ask a court to set aside a default after learning one was entered
- Assuming custody and support terms in a defaulted case skip independent court review
Frequently Asked Questions
What is a request for order of default in a divorce case?
It is a filing the petitioner submits after the other spouse's deadline to respond has passed with nothing filed. It asks the court or clerk to formally enter a default, which lets the case move toward a final judgment based largely on what the petitioner requested, without the responding spouse's active participation.
How do I request an order of default in a divorce?
You file your state's specific default request form, generally along with proof that the other spouse was properly served and that their response deadline has passed. California uses Form FL-165, Request to Enter Default. Florida uses a Motion for Default. Both are filed after the response window closes with nothing on file.
What happens if my spouse never responds to divorce papers?
Once their deadline passes, you can generally request a default. From there, the case can move toward a final judgment, though courts typically still hold some form of review or hearing, and anything involving minor children still gets independent review for the child's best interest, even in a defaulted case.
Can a default judgment in a divorce be set aside?
Yes, but it is not automatic. The non-responding spouse generally has to file a separate motion asking the court to set the default aside, and courts typically expect a specific, valid reason, such as never actually being properly served, rather than simply having changed their mind after the fact.
Does a default mean I automatically get everything I asked for?
Not necessarily. A default generally means the other side is treated as not contesting the claims in your petition, but courts still review anything involving children independently, and most states still require some form of final hearing before entering a default judgment rather than granting every request automatically.
How long do I have to wait before I can request a default?
You have to wait until the responding spouse's deadline has actually passed. That deadline is set by your state, commonly 20 to 30 days from the date of service, so confirm the specific number that applies in your case before filing a default request.
How Virdix Helps
Whether you are requesting a default because your spouse never responded, or working to keep your own case on track before a deadline passes, Virdix guides you through the standard filing forms so your paperwork is complete and consistent from petition through judgment.
Virdix does not represent you in a contested default hearing or a motion to set aside a default. For those situations, consult a licensed family law attorney in your state.
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 family law attorney in your state.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Florida Courts (flcourts.gov), Florida Family Law Rules of Procedure