How to Get a Default Judgment in Divorce Cases

Finalizing a divorce can feel daunting, especially if your spouse isn’t responding to the paperwork. But did you know that you can still proceed with your divorce without their participation? That’s right! A default judgment allows you to move forward even if your spouse fails to respond within the 30-day window. Let’s dive into how this process works and what you need to do to finalize your divorce smoothly.

Understanding Default Judgments

A default judgment is a legal ruling made by a court in favor of one party when the other party fails to respond or appear in court. In divorce cases, this means that if your spouse does not respond to your divorce petition within 30 days, you can request the court to grant your divorce based on the terms you initially proposed. This can greatly streamline the process, allowing you to move forward without unnecessary delays.

Before you file for a default judgment, it’s essential to confirm that your spouse has indeed missed the 30-day response deadline. This is a crucial step because if they do respond at any point, the default process cannot continue.

Steps to Obtain a Default Judgment

Now that you understand what a default judgment is, let’s break down the steps you need to take to secure one.

1. File a Request to Enter Default

The first step is to file a request to enter default using form FL-165. This form officially notifies the court that your spouse has not responded to the divorce petition. If you are seeking spousal support or property division, it’s important to include a declaration of default (form FL-170) with this request. This declaration is vital for securing your rights and ensuring the court has all the necessary information to process your request.

2. Prepare Your Final Judgment Package

Next, you’ll need to prepare your final judgment package. This includes filling out form FL-180. If you and your spouse have a marital settlement agreement, you should attach it to this package. If not, you can submit a proposed judgment for the court’s approval. The court will review your documents to ensure that everything is fair and complies with California law.

3. Submit Required Documents

It’s crucial to submit all required documents to avoid any delays. Make sure to double-check that you have completed all forms accurately and included any necessary attachments. Missing documents can slow down the process significantly.

The Role of a Marital Settlement Agreement

If you and your spouse have reached an agreement regarding the terms of your divorce, including asset division and support, a marital settlement agreement can make the process smoother. This agreement outlines how you both plan to resolve any disputes and can be submitted as part of your final judgment package. Courts often favor these agreements as they indicate that both parties have come to a mutual understanding.

Waiting Period Before Finalization

Even after you obtain a default judgment, it’s important to note that California law mandates a six-month waiting period before your divorce can be officially finalized. This waiting period is designed to give both parties adequate time to adjust to the impending changes and to allow any last-minute issues to be addressed. So, while you may have a default judgment, the divorce won’t be official until this period has passed.

Real Client Story: Success with Default Judgment

Let’s take a look at a real-life example to illustrate how this process works. One of our clients faced a situation where their spouse refused to respond for months. After confirming that the 30-day deadline had passed, we filed a default request and submitted their judgment to the court. The court approved the default judgment, finalizing the divorce without the spouse ever participating in the process. This demonstrates how effective and efficient the default judgment process can be when executed properly.

Why Choose Divorce661.com?

If you’re feeling overwhelmed by the divorce process, especially when dealing with a non-responsive spouse, consider reaching out to Divorce661.com. We specialize in handling all default divorce paperwork, ensuring that you navigate the process efficiently and affordably. Here are a few reasons why you should choose us:

• Flat-Fee Pricing: We offer transparent pricing with no hidden attorney fees.
• 100% Remote Service: You can file and finalize your divorce from the comfort of your home.
• Avoid Delays: We’re dedicated to getting your divorce moving quickly.

We understand that divorce can be a complex and emotional process. That’s why we’re here to help you every step of the way. If you need to file for a default divorce, contact us today for a FREE consultation.

Conclusion

Finalizing a divorce without your spouse’s participation may seem challenging, but with the right knowledge and support, it can be a straightforward process. A default judgment allows you to proceed based on your initial terms, saving you time and stress. Remember to follow the necessary steps, submit all required documents, and be aware of the waiting period before your divorce is finalized.

If you have any questions about default divorces or need assistance with your case, don’t hesitate to reach out. We’re here to help you navigate this journey and ensure you achieve the best possible outcome.