Why File a California Default Divorce When Parties Agree | California Divorce

Posted by Tim Blankenship on March 3, 2025

Why File a California Default Divorce When Parties Agree

When it comes to divorce in California, many couples find themselves in agreement about the terms. However, there are strategic reasons to consider filing a default divorce, even when both parties are on the same page. This approach can simplify the process, save money, and minimize the hassle for both individuals involved. In this blog, we will explore the concept of default divorce, when it is applicable, and how it can benefit couples who agree on their divorce terms.

Understanding Default Divorce

A default divorce occurs when one spouse files for divorce, and the other spouse does not respond or participate in the process. This can happen for various reasons, including the other spouse being unresponsive or simply choosing not to engage in the proceedings. In California, if the non-filing spouse fails to respond within 30 days of being served with the divorce papers, the filing spouse can request a default judgment.

There are two types of default divorces in California:

Default with Agreement: This occurs when both spouses reach an agreement on the terms of the divorce, but one spouse does not formally respond.
True Default: This is when the non-filing spouse does not respond at all, and the court proceeds based solely on the filing spouse’s requests.

Why Choose a Default Divorce When Both Parties Agree?

Filing a default divorce, even when both parties agree, can be a strategic choice. Here are some compelling reasons to consider this option:

Simplifying the Process

When both parties agree on the terms of the divorce, filing a default can streamline the process. One party can file the necessary paperwork without requiring the other to engage in complex negotiations or sign multiple documents. This reduces the burden on both spouses and can lead to a quicker resolution.

Saving Money

Another significant advantage of opting for a default divorce is the potential for cost savings. If one spouse agrees to the terms and chooses not to respond formally, they can avoid paying the response fee, which can be as high as $435. This can make a considerable difference in the overall cost of the divorce.

Minimizing Stress and Involvement

For some individuals, the idea of going through a lengthy divorce process can be stressful. By choosing a default divorce, the non-filing spouse can avoid the hassle of paperwork and court appearances. This option is particularly beneficial when the spouses have minimal property to divide and no children involved.

How to File for Default Divorce in California

If you and your spouse have agreed on the terms of your divorce, here is a step-by-step guide on how to file for a default divorce in California:

Step 1: Meet Residency Requirements

To file for divorce in California, at least one spouse must meet the residency requirements. This means living in California for at least six months and in the county where the divorce is filed for at least three months.

Step 2: Complete Required Forms

The filing spouse must complete necessary divorce forms, including:

Petition for Dissolution of Marriage (Form FL-100)
Summons (Form FL-110)
Declaration under UCCJEA (Form FL-105) if there are minor children involved

Step 3: Serve Your Spouse

After completing the forms, the filing spouse must serve the other spouse with the divorce papers. This can be done through personal service, mail, or publication if the spouse cannot be located. Proof of service must be filed with the court.

Step 4: Wait 30 Days

Once the spouse is served, they have 30 days to respond. If no response is received within this time frame, the filing spouse can request a default judgment.

Step 5: Share Financial Information

Before requesting a default, the filing spouse must share financial information with the other spouse. This includes disclosures about assets, debts, and income, typically done within 60 days of filing.

Step 6: Request to Enter Default

If the spouse has not responded after 30 days, the filing spouse can complete and file a Request to Enter Default (Form FL-165) with the court.

Step 7: Finalize the Divorce

The final step involves filling out the remaining forms, including the Judgment (Form FL-180) and any other necessary attachments. After submitting these forms, the court will review them, and if everything is in order, a default judgment will be entered.

When Is a Default Divorce Not Ideal?

While a default divorce can be advantageous, there are scenarios where it may not be the best option:

Complex Assets or Debts

If the couple has significant assets or debts, it may be wise to negotiate and reach a formal agreement rather than rely on a default. The court may not grant a default judgment that divides property unequally unless both parties agree to it.

Potential for Disputes

If there is any likelihood of disagreement in the future, it’s better to reach a formal agreement. Relying on a default could lead to complications later if one spouse feels the terms were unfair.

FAQs About Default Divorce in California

Can I change my mind after filing for a default divorce?

Yes, you can change your mind. However, if the default judgment has been entered, it may be more complicated to reverse the decision. You may need to file a motion to set aside the judgment.

How long does the default divorce process take?

The entire process typically takes a minimum of six months due to California’s mandatory waiting period. However, if the other spouse does not respond, the process can be completed more quickly.

What happens if my spouse responds after I file for default?

If your spouse responds after you have filed for default, the court may require the couple to negotiate or go to trial to settle any disputes. The default process is only effective if the other spouse does not respond within the specified time frame.

Is legal representation necessary for a default divorce?

While it is not legally required to have an attorney for a default divorce, having legal representation can help ensure that all paperwork is completed correctly and that your rights are protected throughout the process.

Conclusion

Filing for a default divorce in California when both parties agree can be a smart and strategic move. It simplifies the process, saves money, and reduces stress for both individuals involved. However, it’s essential to consider the nature of your assets and the potential for future disputes. If you have questions or need assistance with your divorce, it’s always a good idea to consult with a legal professional who can guide you through the process and ensure your interests are protected.

If you need help navigating your divorce in California, feel free to reach out for assistance. We’re here to help!

Tim Blankenship – who has written 2368 posts on Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal.