Default Divorce California

The Two Types of Default Divorce

When the respondent doesn't file a Response (Form FL-120) within 30 calendar days of being served, the petitioner can request the court to enter a default. But "default" in California covers two very different situations:

Default with Agreement: The respondent didn't file a response, but both spouses still negotiated and signed a Marital Settlement Agreement. This is actually the most common path — many cooperative couples choose it deliberately to avoid the respondent's $435 filing fee. The respondent cooperates on the settlement terms; they just don't file formal court paperwork.

True Default (without agreement): The respondent genuinely failed to participate — didn't file a response, didn't sign a settlement agreement, and may not be cooperating at all. The petitioner proceeds alone, and the judge decides the terms based on the petitioner's requests in the original petition.

The procedural path is different for each.

Default with Agreement — Step by Step

This is the cooperative version. Both spouses agree on terms; one handles the paperwork.

Step 1: File the petition and complete service. The petitioner files Form FL-100, FL-110, and FL-105 (if children are involved). The papers are served on the respondent through a third party. The respondent deliberately does not file a response.

Step 2: Wait 30 days. The respondent's 30-day response window must expire before you can request a default.

Step 3: Complete financial disclosures. The petitioner must still serve preliminary disclosures on the respondent (FL-140, FL-150, FL-142) within 60 days. Even though the respondent isn't filing, they should also serve their disclosures back, because the judgment packet requires proof that both parties exchanged disclosures.

Step 4: Draft and sign the MSA. Both spouses negotiate and sign the Marital Settlement Agreement. On a default-with-agreement path, the respondent's signature on the MSA must be notarized. This is a hard requirement — an unnotarized MSA on a default case will result in a clerk rejection.

Step 5: File Form FL-165 (Request to Enter Default). This form asks the court to proceed without the respondent's formal participation. Check the box indicating default with agreement.

Step 6: Submit the judgment packet. Include FL-130, FL-170, FL-180 (with the notarized MSA attached), FL-190, and typically FL-144 (if both parties are waiving final disclosures). Submit five copies of FL-180 plus two stamped return envelopes.

True Default — Step by Step

When the respondent is genuinely non-participatory:

Step 1: File and serve. Same as above — petition, summons, service through a third party.

Step 2: Wait the full 30 days. Confirm no response has been filed with the court clerk.

Step 3: Complete disclosures unilaterally. The petitioner serves their preliminary disclosures to the respondent (or to the respondent's last known address). If the respondent doesn't reciprocate, the petitioner documents the attempt and proceeds.

Step 4: File Form FL-165 (Request to Enter Default). Check the box for default without agreement.

Step 5: Prepare the proposed judgment. Without an MSA, the judgment is based on the petitioner's requests in the original FL-100 petition. This is why what you check on the petition matters — in a true default, the judge can grant what the petition requests but generally cannot exceed it.

Step 6: Possible default hearing. If the case involves complex property, child custody, or spousal support, the judge may schedule a brief hearing to review the proposed terms before signing the judgment. For straightforward cases, the judge may approve the judgment on paperwork alone.

Common Mistakes on Default Cases

Not waiting the full 30 days. Filing the FL-165 before the response deadline expires means the court rejects it. Wait the full 30 calendar days from the date of service.

Missing notarization on the MSA. For default-with-agreement cases, the respondent's signature must be notarized. For uncontested cases where the respondent filed a response, notarization is optional (though recommended). This distinction trips up many filers.

Petition-judgment mismatches. In a true default, the judge reviews the proposed judgment against the original petition. If the petition didn't request spousal support but the proposed judgment includes it, the clerk rejects the packet. The judgment cannot grant relief the petition didn't ask for.

Missing LCSA sign-off. If either parent receives public assistance (CalWORKs), the local child support agency (LCSA) must review and sign off on any child support terms in the judgment before it's submitted to the judge. This requirement applies regardless of whether the case is default or uncontested.

Why Not Just File the Joint Petition Instead?

Since 2026, the Joint Petition (FL-700) offers a cooperative path without the procedural friction of a default. Both spouses file together, no service is required, and there's no need for notarization or the FL-165 default request.

The default-with-agreement path still makes sense when one spouse wants to save the $435 respondent filing fee, or when one spouse prefers to handle all the paperwork while the other simply signs the agreement.

For a walkthrough of all four California divorce pathways — including when each one makes sense — the California Divorce Filing Process Guide includes a decision tree and step-by-step instructions for each path.

See more California guides →