How to File a California Divorce Request to Enter Default

Welcome to our comprehensive guide on filing a request to enter default in a California divorce. If you find yourself navigating through a divorce process where your spouse is unresponsive, understanding how to file a request for default can be crucial. Let’s dive into the details to ensure you’re well-equipped to handle this situation.

Understanding the Basics of Default in Divorce

When you file for divorce in California, the moment your spouse is served with the divorce papers marks the beginning of several important timelines. This date is essential because it signifies the start of jurisdiction over your case and also triggers significant waiting periods. For example, from the date of service, a divorce cannot be finalized for at least six months. This waiting period is mandatory and applies to all divorce cases in California.

Moreover, the day your spouse is served also initiates the countdown for filing a request to enter default. This request can be filed in two scenarios: a true default case and a hybrid default case with agreement. However, we will focus on the true default case in this guide, as it is where you will encounter the critical 30-day waiting period.

The 30-Day Waiting Period

One of the most important aspects of filing a request to enter default is the 30-day waiting period. After your spouse has been served, you must wait a full 30 days before you can submit your request to enter default. In fact, it’s advisable to wait even longer—31 or 32 days—to avoid any issues. The key point here is that you cannot date your request to enter default before the 30-day mark has passed.

Let’s illustrate this with an example: suppose your spouse was served on November 4th. You cannot submit your request until December 4th at the earliest, and it’s best to date the form December 5th or later.

Common Pitfalls When Filing for Default

It’s crucial to understand that the courts are strict about the dating of your request to enter default. If you mistakenly date the form before the 30-day period is up, it will be rejected. This is primarily because the request must be approved by the judicial assistant or the court clerk, who will check the date on your form. If it falls within the 30-day window, it will not be accepted.

We’ve seen clients who tried to file their requests early, thinking they could prepare everything in advance. However, if they dated their forms incorrectly, they faced rejections that delayed their cases unnecessarily. So, remember: do not prepare your request in advance with an early date. It’s best to wait until the 30 days have passed and then fill out the form accurately.

True Default vs. Hybrid Default

While this discussion primarily focuses on a true default case, it’s worth noting the existence of a hybrid default case. In a hybrid scenario, there is an agreement between the spouses, and the request to enter default is submitted alongside the judgment. In this case, you still need to wait for the 30-day period, but the process differs slightly as you’re not just filing for default; you’re also presenting an agreement.

In contrast, a true default means that your spouse has not responded at all. This lack of response is what allows you to move forward with your request for default judgment. The court will then only consider the information and requests you have submitted, as your spouse’s side is absent.

Steps to File a Request to Enter Default

Now that we’ve established the importance of the 30-day waiting period and the nuances of true and hybrid defaults, let’s outline the specific steps you need to take to file a request to enter default in California.

Step 1: Verify the Service of Divorce Papers

First and foremost, ensure that you have proof that your spouse has been served with the divorce papers. This proof is crucial for moving forward with the default process. The proof of service must be filed with the court.

Step 2: Wait for the 30-Day Period

As emphasized earlier, you must wait at least 30 days from the date your spouse was served. It’s essential to count the days carefully to ensure you don’t file prematurely.

Step 3: Complete the Request to Enter Default Form

Once the 30 days have passed, you can complete the Request to Enter Default form (FL-165). This form is where you formally request the court to enter a default judgment against your spouse.

Step 4: Gather Required Documents

When filing the request, ensure to include all necessary documents. For a true default case, you may need to attach other forms, such as the Income and Expense Declaration (FL-150) and Property Declaration (FL-160), depending on your situation.

Step 5: File the Request with the Court

Once your request and supporting documents are ready, file them with the court clerk’s office. Don’t forget to keep copies for your records.

Step 6: Await Court Approval

After filing, the court will review your request. If everything is in order, the court clerk will enter your spouse’s default, and your case will proceed to judgment without their response.

What Happens After Filing the Request?

Once the request to enter default is filed and accepted, the next steps involve preparing for the final judgment. The court will generally review your proposed terms and can grant a default judgment based on the information you provided.

It’s important to note that if your spouse later decides to respond after the default is filed, they may still be able to contest the proceedings, depending on the circumstances. This is why it’s crucial to ensure your paperwork is accurate and complete.

Final Thoughts

Navigating a divorce can be complicated, especially when one spouse is unresponsive. Understanding how to file a request to enter default is essential for anyone facing this situation in California.

If you need assistance, don’t hesitate to reach out for professional help. At Divorce661, we specialize in California divorce and can help you prepare your case accurately and affordably. Remember, getting the details right from the start can save you time and stress in the long run.

For more information or to schedule a consultation, visit our website or give us a call. We’re here to help you through this challenging time.