4 Reasons Your California Divorce Request To Enter Default Is Rejected

Navigating the divorce process in California can be complex, especially when it comes to filing a Request to Enter Default. If you’ve recently tried to move your divorce forward by filing this request but found it rejected, you’re not alone. I’m Tim from Divorce661.com, and I specialize in helping Californians with divorce matters throughout the state. In this article, I’ll walk you through the top four reasons your Request to Enter Default might get rejected by the court, so you can avoid common pitfalls and keep your divorce moving smoothly.

Understanding the Request to Enter Default in California Divorce

First, it’s important to understand what a Request to Enter Default is and when it applies. In California divorce cases, if your spouse has been properly served with divorce papers but fails to respond within 30 days, you can file a Request to Enter Default. This essentially means you are asking the court to proceed with the divorce without your spouse’s participation because they did not respond in time.

However, filing this request is not always straightforward. The court has strict rules about timing, proper documentation, and form accuracy. If your request is rejected, it can delay your divorce process significantly. Let’s dive into the four most common reasons your request might get rejected and what you can do to fix them.

1. Your Spouse Has Filed a Response

The number one reason for a Request to Enter Default rejection is if your spouse has already filed a response to the divorce petition. In California, a default can only be entered if the other party has not responded at all. If your spouse files a response—even after the 30-day deadline but before your default request is entered—the court will reject your request.

Here’s why this happens: When you file your Request to Enter Default, it doesn’t get stamped and entered into the court system immediately. Instead, it sits on the clerk’s desk in a pile, sometimes for weeks or even a month. During this waiting period, your spouse could still file a response, which is entered into the court system immediately. This means even if you waited the full 30 days after service to file your request, the default might still be rejected if your spouse beats your default request to the clerk’s desk with a response.

To avoid this, keep an eye on the court docket or check with your attorney regularly. If your spouse responds, you cannot proceed with a default and will need to move forward with the divorce through the usual contested or uncontested channels.

2. Address Discrepancies on Your Forms

Another frequent reason for rejection is related to address inconsistencies on your Request to Enter Default or related forms. Specifically, if the address you list on your request is different from the address on your initial petition, the court may reject your request unless you take additional steps.

For example, if your spouse has moved to a new address after the petition was filed but before you filed your default request, you need to file a formal Notice of Change of Address or a Substitution of Attorney form if you have changed legal representation. This notifies the court officially of the new address and explains why the request is being served at a different location.

If you fail to update the court or explain the difference in addresses, the clerk may reject your request because it appears you have not properly served or notified your spouse or the court of the current address. This is a common but often overlooked issue, so double-check your forms and serve any necessary notices before filing your default request.

3. Errors or Premature Filing on the Request to Enter Default Form

Simple mistakes on your Request to Enter Default form can also cause a rejection. Common errors include:

• Incorrect case number
• Wrong spelling of party names
• Missing or incorrect dates
• Unsigned or improperly signed forms
• Filing the request too early—before the 30-day response period has elapsed

Premature filing is a particularly important point. The law requires that you wait at least 30 days after your spouse has been served with divorce papers before you can file a Request to Enter Default. If you file before this period expires, the court will reject your request as premature.

To avoid these mistakes, carefully review all your paperwork before submission. Double-check every detail, especially case numbers and names, and ensure you have waited the full 30 days after service. If you’re unsure, consult with a family law expert or use resources like Divorce661.com for guidance.

4. Missing or Incomplete Proof of Service

One of the most critical elements in filing a Request to Enter Default is the Proof of Service. This document confirms to the court that your spouse was properly served with the divorce papers.

You cannot file a default unless you have filed your Proof of Service correctly. The proper sequence is:

1. Serve the divorce papers to your spouse.
2. File the completed Proof of Service form with the court.
3. Wait at least 30 days after service before filing your Request to Enter Default.

If you skip filing the Proof of Service or if the Proof of Service form is incomplete or incorrect, your Request to Enter Default will be rejected. Common errors include not filling out all required fields, missing signatures, or not properly describing how the papers were served.

Always make sure your Proof of Service is accurate and filed on time. If you’re hiring a professional process server, confirm they provide you with the correct paperwork. If you are serving papers yourself, follow the court’s guidelines carefully to avoid mistakes.

Additional Important Considerations

In addition to these four main reasons, there are other nuances that can cause a default request to be rejected. For example, if the court notices that the address on your petition and your default request don’t match, they may want an explanation before accepting your request.

In one recent case, a client’s Request to Enter Default was rejected because the court wanted a clear reason why the default request was being served at an address different from the one listed on the petition. This is something we hadn’t seen before but is now becoming more common. Always be prepared to provide explanations or additional documentation to the court if requested.

How to Avoid Rejection and Successfully File Your Request to Enter Default

Filing a Request to Enter Default is an important step in moving your divorce forward when your spouse isn’t responding. To avoid rejection and delays, keep these best practices in mind:

• Verify your spouse has not filed a response: Before filing your request, check the court docket or with your attorney to confirm no response has been filed.
• Update addresses promptly: File a Notice of Change of Address or Substitution of Attorney form if there have been any changes since the petition was filed.
• Review all paperwork carefully: Make sure names, case numbers, dates, and signatures are accurate and complete.
• Wait the full 30 days after service: Don’t file your request too early; the court will reject it if you do.
• File your Proof of Service before your request: Always file the Proof of Service form and ensure it is correctly filled out before submitting your Request to Enter Default.

Need Help With Your California Divorce?

If you’re struggling with your divorce paperwork or your Request to Enter Default has been rejected, don’t hesitate to reach out for professional assistance. At Divorce661.com, we specialize in California divorce matters and can help you navigate the complexities of the court system anywhere in California.

Divorce can be stressful and confusing, but with the right guidance, you can move forward efficiently and with confidence. If you have questions about your divorce case or need help filing a Request to Enter Default, please call the number on your screen or visit our website for more information.

Conclusion

Filing a Request to Enter Default in a California divorce case requires careful attention to detail and strict adherence to court rules. The four most common reasons for rejection are:

1. Your spouse has filed a response.
2. Address discrepancies or failure to file a change of address.
3. Errors on the request form or filing the request prematurely.
4. Missing or incomplete Proof of Service.

By understanding these pitfalls and preparing your paperwork carefully, you can avoid delays and help your divorce proceed smoothly. Remember, the court’s timeline and procedures can be strict, so taking the time to get everything right the first time is well worth the effort.

If you found this guide helpful and want personalized support, feel free to reach out to Divorce661.com. We’re here to help you through every step of your California divorce journey.