What If My Spouse Doesn’t Respond to Divorce Papers?

Divorce can be a challenging process, especially when one spouse chooses to ignore the divorce papers. If you find yourself in this situation, you may wonder what your options are. The good news is that even if your spouse doesn’t respond, you can still proceed with your divorce through a legal process known as a default divorce. Let’s break down how this works and what steps you should take.

Understanding Default Divorce

A default divorce occurs when one spouse fails to respond to divorce papers within a specified timeframe. In California, once served with divorce papers, your spouse has 30 days to respond. If they do not respond during this period, the law allows you to proceed with the divorce without their participation. This can be a powerful tool, enabling you to finalize your divorce even if your spouse chooses to remain silent.

The Default Divorce Process

So, what happens if your spouse doesn’t respond? Here’s how to navigate the default divorce process step by step:

Step 1: File a Request to Enter Default

The first step is to file a request to enter default using Form FL-165. This form is crucial as it officially notifies the court that your spouse has not responded to the divorce papers. By submitting this form, you keep the process moving forward without unnecessary delays.

Step 2: Submit Your Final Judgment Package

Next, you will need to submit your final judgment package, which includes your proposed settlement terms. Make sure that everything complies with California law. If your submission meets all requirements, the court can approve your divorce without a hearing. This streamlines the process and can save you time and stress.

Step 3: Waiting Period and Finalization

Once the court approves your divorce, there is a mandatory six-month waiting period before your divorce is finalized. During this time, your spouse cannot challenge the terms of the divorce, except in rare cases. After this waiting period, you will receive your final divorce decree, officially marking the end of your marriage.

What If My Spouse Responds Late?

In some cases, your spouse might respond after the 30-day window has closed. If they can show good cause for their late response, they may be allowed to contest the default judgment. However, this doesn’t automatically prevent you from getting divorced; it may only affect the terms of the divorce.

Common Mistakes to Avoid

While navigating a default divorce, it’s essential to avoid common mistakes that could cause delays. Here are a few things to keep in mind:

• Filing Incomplete Paperwork: Ensure that all forms are completed accurately and in full. Missing information can lead to delays.
• Ignoring Deadlines: Pay attention to all deadlines, especially the 30-day response period and the six-month waiting period.
• Not Following Up: After submitting your paperwork, follow up with the court to confirm that everything is in order.

Real Client Story

Let me share a real client story to illustrate how this process can work. A client served their spouse divorce papers but received no response. Instead of waiting indefinitely, we filed a default request and submitted the final judgment package. The court approved everything, and the divorce was finalized without the spouse ever responding. This case highlights the effectiveness of proceeding with a default divorce when faced with an unresponsive spouse.

Why Choose Divorce661?

At Divorce661, we specialize in handling all default divorce paperwork. Our services ensure accuracy and compliance with California law, making the process as smooth as possible for you. Here are some reasons to choose us:

• Flat-Fee Pricing: We offer affordable rates with no hidden attorney fees.
• Remote Service: Finalize your divorce from the comfort of your home with our 100% online service.
• Expert Guidance: We ensure everything is done correctly, minimizing the risk of delays.

Need Help Finalizing Your Divorce?

If you’re facing a situation where your spouse isn’t responding to divorce papers, don’t hesitate to reach out. Contact Divorce661 today for a free consultation to discuss your options and expedite your divorce process. Let’s make your new beginning a reality.

Conclusion

In summary, not responding to divorce papers doesn’t have to stall your divorce. You can proceed with a default divorce, allowing you to move on with your life even if your spouse remains unresponsive. By following the correct steps and avoiding common pitfalls, you can finalize your divorce efficiently. Remember, you don’t have to navigate this process alone; seeking professional assistance can make a significant difference.

For any questions about default divorce or to get started on your case, feel free to leave a comment or contact us directly. We’re here to help!