Filing and service

Default divorce in California

Evenpart · October 30, 2026 · 4 min read

A default divorce happens when the served spouse does not file a Response within 30 days and the other spouse asks the court to proceed without them using a Request to Enter Default (form FL-165). In a true default, the judge decides based on the petition and supporting papers. In a default with agreement, the spouses sign a written settlement even though no response was filed. Either way, financial disclosures, a judgment, and the six-month waiting period still apply, and a default can sometimes be set aside if strict deadlines are met.

True default versus default with agreement

In a true default, the respondent does not participate. The petitioner asks the court to enter the default and then submits a proposed judgment based on what was requested in the petition. The judge reviews it against the evidence and California law.

In a default with agreement, the respondent chooses not to file a response but both spouses sign a written agreement covering property, debts, support, and, if they have children, custody and child support. The court reviews the agreement and enters a judgment based on it. The official self-help guide stresses that this route is only for couples who truly agree on everything, and that both spouses must still exchange financial disclosures.

How a default is requested

Once 30 days have passed after service and the proof of service (FL-115) has been filed, the petitioner can file a Request to Enter Default (form FL-165). Depending on what is being requested, it may need an Income and Expense Declaration (FL-150) and a Property Declaration (FL-160), unless one of the exceptions listed on the form applies. A copy must be mailed to the respondent's last known address, except in certain cases where service was by publication or posting.

After the clerk enters the default, the petitioner submits the judgment packet, generally including the Judgment (FL-180), a Declaration for Default or Uncontested Dissolution (FL-170), and a Notice of Entry of Judgment (FL-190). Some courts hold a short hearing before signing a default judgment.

The petitioner must still serve a preliminary declaration of disclosure on the respondent in most cases, and file the FL-141.
In a true default, the petitioner may waive the final declaration of disclosure.
The marriage cannot end until six months after service or appearance.

What the court can award in a default

As a general rule, a default judgment cannot give the petitioner more than, or something different from, what was asked for in the petition that was served. That is why it matters to read the petition carefully. A judge also does not simply rubber-stamp a request: property must be divided according to California law, child-related orders must be in the children's best interest, and support must be based on financial information.

If the petitioner wants relief that was not requested in the petition, the petition usually has to be amended and served again, which gives the respondent a new chance to respond. An independent family-law attorney licensed in California can explain how these limits apply to a particular case.

Setting aside a default or default judgment

A respondent who missed the deadline can ask the court to set aside a default, but the law requires a specific legal reason and has strict time limits. The court's self-help materials describe several grounds, summarized below in general terms. The request usually must include the proposed response the person would have filed.

These rules are technical and the deadlines can be short. If you think a default was entered against you unfairly, contact an attorney or your court's self-help center as soon as you learn about it.

Mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473(b), generally within six months.
Lack of actual notice of the case in time to defend, under section 473.5, with deadlines tied to notice of the default or entry of judgment.
Grounds under Family Code sections 2120 to 2129, such as actual fraud, perjury, duress, mental incapacity, or failure to comply with disclosure requirements, each with its own deadline.

Your next steps

If you were served, read every page of the petition before deciding not to respond, because a true default is usually based on what it requests.
If you and your spouse agree on everything, a default with agreement can work, but only with full disclosures and a signed written agreement.
If a default was entered and you disagree, act quickly and get advice from an attorney about set-aside deadlines.

Sources and legal basis

General information about California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. Evenpart is not a law firm. Contacting us does not stop or extend any deadline.