😮 The 3 MUST KNOW types of DIVORCE CASES: Santa Clarita Divorce

“There are three types of divorce cases in California: default with agreement, default without agreement, and uncontested.”

Overview: why the type of case matters

How your divorce case is categorized affects your timeline, cost, court involvement, and final orders. Knowing whether your situation is a default case or an uncontested case helps you choose the right next steps and avoid surprises.

The three types explained

• Default with agreement
• Default without agreement
• Uncontested

1. Default with agreement

In this scenario one spouse is served with the divorce petition but does not file a response. Even though the other party has technically defaulted, both sides may already have reached an agreement on property division, support, or custody. The petitioner files paperwork asking the court to enter a judgment based on that settlement.

How it works

The petitioning spouse can ask the court to enter a default judgment and submit the settlement terms. If the agreement is complete and the court finds the terms acceptable, the judge signs the judgment and the case closes without contested hearings.

Benefits

• Faster and less expensive than a contested trial.
• Uses the negotiated terms rather than court-imposed orders.

Risks and things to watch

• If the agreement affects children, the court will evaluate whether it meets the child’s best interests.
• Default judgments are easier to enter if paperwork is complete and supported by necessary disclosures.

2. Default without agreement

This happens when one spouse does not respond and there is no signed settlement. The petitioner may ask the court to enter a default judgment based solely on the original petition and supporting documents.

How it works

The petitioner typically files a request to enter default and a proposed judgment. The court reviews the petition, financial disclosures, and any required proof before deciding whether to enter the requested orders. In many cases, courts are cautious when children, complex assets, or community property are involved.

Benefits

• Possible resolution without a contested trial or lengthy negotiations.
• Can move quickly if the petition is straightforward and fully supported by documentation.

Risks and things to watch

• The court may require more evidence or a hearing to ensure fairness.
• A default judgment entered without input from the absent spouse can be difficult to modify later, so ensure all disclosures are accurate.

3. Uncontested

An uncontested divorce means both spouses agree on all key issues and file a written settlement or marital settlement agreement. Rather than a default, both sides actively participate in drafting and signing the agreement and then ask the court to adopt those terms.

How it works

Spouses exchange financial disclosures, negotiate terms for property, support, and parenting, and submit a proposed judgment for the judge to sign. If everything is complete, the court typically signs the judgment without a contested hearing.

Benefits

• Least expensive and least adversarial option.
• Gives the parties control over outcomes instead of leaving decisions to a judge.

Risks and things to watch

• Both parties must fully disclose finances and understand the consequences of the agreement.
• For complex assets or high-conflict issues, professional advice is often necessary to avoid future problems.

Key practical points for California cases

• Responding matters: If you are served, you generally have 30 days to respond. Failing to respond can allow the other party to move for default.
• Disclosures are required: Financial disclosures are essential in both default and uncontested cases. Courts expect transparency before entering judgments.
• Child-focused review: When children are involved, courts must ensure custody and support orders serve the child’s best interests.
• Default judgments are serious: Once entered, undoing a default judgment can be difficult and usually requires showing excusable neglect or other legal grounds.

Which type is right for you?

If both parties can communicate and agree, an uncontested divorce is typically faster, cheaper, and gives you more control. If one person will not participate, the case will fall into a default category. Whether that default is handled with an existing agreement or without one depends on whether terms have already been negotiated.

Quick checklist

1. Confirm service of the petition and note the response deadline.
2. Prepare and exchange complete financial disclosures.
3. If you agree on terms, prepare a written settlement and proposed judgment.
4. If you do not respond, consider potential consequences of a default judgment.
5. Seek legal advice before signing or submitting settlement documents.

Final thoughts

Understanding whether your case is a default with agreement, default without agreement, or uncontested divorce shapes strategy and expectations. Accurate paperwork, full financial disclosure, and timely responses protect your rights and accelerate the process. When in doubt, get guidance so your choices are informed and durable.