If you’re navigating a divorce in California, you may have heard about the process of entering a default judgment. It sounds straightforward, but there are some legal nuances that can trip you up. Today, we’re diving into the four main reasons your request to enter default might be rejected.

Understanding Default Judgments in California

Before we get into the reasons for rejection, let’s clarify what a default judgment is. A default judgment occurs when one spouse files for divorce, and the other spouse does not respond within a specified timeframe. In California, that timeframe is typically 30 days after being served. If the non-filing spouse fails to respond, the court may grant a default judgment, allowing the filing spouse to receive everything requested in their original complaint.

Reason 1: Your Spouse Filed a Response

The first and most common reason for rejection is if your spouse has filed a response. Remember, a request to enter default can only occur if there has been no response from the other party. If your spouse has filed a response, your request will be rejected.

When you submit your request to enter default, it doesn’t get stamped and processed immediately. Instead, it sits on the clerk’s desk for a while. This can take weeks or even months. If you think you’ve waited the required 30 days after serving your spouse, keep in mind that your spouse could still file a response during that time. This is why it’s crucial to track the timeline accurately.

Reason 2: Incorrect or Outdated Address

The second reason for rejection can be related to the address on file. If your spouse has moved and you file your request to enter default using an old address, this can create complications. You’ll need to either file a change of address or provide an explanation to the court about why you are serving the request at a different address than what was listed on the original petition.

It’s essential to ensure that all addresses are current and correct. If the court cannot confirm that your spouse has received the documents, your request will likely be rejected.

Reason 3: Errors on the Form

The third reason is making simple errors on the request form. This can include incorrect case numbers, misspelled names, wrong dates, or improper signatures. Any small mistake can lead to your request being deemed incorrect or premature.

Filing your request before the 30-day period has elapsed can also be considered premature. Double-check all information before submission to avoid this pitfall.

Reason 4: Incomplete Proof of Service

The fourth reason your request might be rejected is related to proof of service. You must file proof that you served the necessary documents to your spouse as part of the divorce process. If you fail to file proof of service, or if the proof of service is incomplete or filled out incorrectly, your request to enter default will be rejected.

To ensure you’re following the proper order, remember: serve the documents, file the proof of service, wait for 30 days, and only then file the request for default. If you do not follow this order, you run the risk of rejection.

Conclusion

Understanding the nuances of the default judgment process can be the difference between a smooth divorce and a rejected request. To avoid these common pitfalls, make sure you’re aware of your spouse’s actions, keep track of addresses, check your forms meticulously, and ensure that your proof of service is complete. If you find yourself confused or overwhelmed, don’t hesitate to reach out for help.

If you have any questions or need assistance with your divorce in California, feel free to contact us at Divorce661.com. We’re here to help you navigate this challenging time.