What Happens If Your Spouse Doesn’t Respond to Divorce Papers in San Diego? | San Diego Default Divorce Guide
Hi, I’m Tim Blankenship from Divorce661. If you’ve filed for divorce in San Diego County and your spouse hasn’t responded, don’t assume the case is stuck — you can still finalize your divorce through a default divorce. Below I’ll walk you through what a default divorce is, the exact steps you need to take, and how to avoid common delays so you can move forward with confidence.
What is a Default Divorce?
A default divorce is the legal process that allows the court to finalize your divorce even if your spouse does not participate. In California, a respondent has 30 calendar days from the date they are served to file a response. If they don’t respond within that timeframe, you can ask the court to proceed without their input.
When to Use a Default Divorce
Use a default divorce when:
- Your spouse was properly served with divorce papers.
- 30 days have passed without a response from your spouse.
- You’re ready to finalize division of assets, debts, support, custody (if applicable), and related matters without negotiation or court hearings involving the other party.
Step-by-Step: How to Complete a Default Divorce
Moving a default divorce forward requires filing specific paperwork and disclosures. Here are the key steps I take with clients to finalize their divorce efficiently:
- Confirm the 30-day response period has expired.Make sure the respondent was properly served and that more than 30 calendar days have passed since service.
- File a Request to Enter Default.This is the critical filing that tells the court the other party failed to respond and that you want the case to proceed. If you don’t file it, nothing will move forward.
- Complete your financial disclosures.Accurate financial disclosures are essential. These ensure transparency and allow the court to evaluate property division, spousal support, child support, and other financial orders. Don’t skip or rush this step — mistakes or omissions can delay finalization.
- Prepare and submit a proposed judgment.Draft a proposed judgment (and any required orders) that reflects the terms you seek. Once the court reviews and signs the judgment, your divorce is finalized.
- Follow up and finalize.After the court signs the judgment, make sure all required documents are filed with the clerk and any necessary post-judgment steps are completed.
Common Pitfalls That Stall a Divorce
- Assuming the court will act automatically — you must file the Request to Enter Default.
- Incomplete or incorrect financial disclosures.
- Missing or improperly prepared proposed judgment paperwork.
- Not confirming proper service of process before pursuing default.
Real Client Example
One client thought her divorce was progressing because she’d filed the initial paperwork. Months passed with no updates because she waited for the court to act. We stepped in, verified service and the 30-day window had closed, filed the Request to Enter Default, completed all disclosures, and submitted the proposed judgment. Her divorce was finalized within weeks.
“A lack of response from your spouse doesn’t halt the divorce process. You must actively file the necessary paperwork to ensure your case moves forward efficiently.”
Why Professional Help Speeds Things Up
Default divorces are procedural: the right documents filed correctly and on time make all the difference. Working with a team experienced in default divorces helps you avoid errors, ensures disclosures are complete, and gets the proposed judgment prepared for quick court approval.
At Divorce661 we offer:
- Flat-fee pricing with no surprises
- 100% remote service across San Diego County
- Hands-on filing, disclosures, and final judgment preparation
Next Steps: Take Control of Your Case
If your spouse isn’t responding, don’t let inaction stall your life. Confirm the 30-day period has passed, then file a Request to Enter Default, complete your financial disclosures, and submit a proposed judgment. If you’d like help, schedule a free consultation — we can review your situation and take care of the paperwork so your divorce moves forward smoothly.
Visit Divorce661.com to schedule your free consultation or call for guidance. Let us help you finalize your divorce in San Diego County, with or without your spouse’s cooperation.
