What Happens if Your Spouse Doesn’t Respond to Divorce Papers in San Bernardino?
In my video I explain what to do when your spouse doesn’t respond to divorce papers in San Bernardino. If your spouse ignores service, you don’t have to wait forever — the law allows you to move forward with a default divorce. This article walks you step-by-step through what a default judgment is, the paperwork you’ll need, common timelines, and how Divorce661 can help you finalize your divorce efficiently and with minimal stress.
What is a default divorce (default judgment)?
A default divorce, also called a default judgment, happens when one spouse is properly served with divorce papers and fails to respond within the required time (typically 30 days after being served in California). When that happens, the spouse who filed the case can ask the court to enter a default and then request a judgment that finalizes the divorce based on the filing spouse’s proposed terms.
Why a default judgment matters
- It prevents delay: Your life doesn’t need to be put on hold just because the other party won’t engage.
- It produces a legally binding order: The court can sign a judgment that resolves marital status, property division, support, and other issues.
- It can be done without your spouse’s involvement: In many cases, court appearance is not required if the paperwork is complete and correct.
Essential timeline: 30 days to respond
In California, once your spouse has been served, they generally have 30 days to file a response. If they do nothing within that period, you can move to request entry of default. Acting promptly after the 30-day window helps keep your case moving and reduces the chance of unnecessary delays.
Steps to secure a default judgment in San Bernardino
Obtaining a default judgment requires careful preparation. Here are the key steps you should complete:
- Confirm service and eligibility: Make sure your spouse was properly served and the response period has passed.
- Complete financial disclosures: Full and accurate disclosures (income, assets, debts, and expenses) are vital. Courts rely on these when approving a judgment.
- Prepare a comprehensive judgment package: Draft the proposed judgment, notices, and any necessary forms required by the court.
- File the request to enter default: Submit the request and the judgment package to the court for review.
- Get court approval: If everything is in order, the court will sign the judgment. Often no court appearance is necessary if the paperwork satisfies the court’s requirements.
Why financial disclosures are critical
Financial disclosures show the court the full picture of marital finances. Courts expect transparency before signing off on property division, spousal support, or child support provisions. Incomplete or inaccurate disclosures can delay approval or create vulnerability to later challenges.
Real client example
We recently helped a client in San Bernardino whose spouse ignored the divorce papers. After the 30-day response window passed, we filed a request to enter default and prepared a judgment reflecting our client’s terms. The court approved the judgment, and our client finalized the divorce without ever having to appear in court. That’s the result you can expect when the paperwork is done right.
Common questions and things to watch for
Can a default judgment be set aside?
Yes. If the other party later files a motion and shows valid reasons (such as not being properly served or demonstrating good cause), a court may set aside a default under California law. Because of that, it’s important to prepare accurate disclosures and documentation to support the judgment you request.
Do I need to go to court?
Not always. If your judgment package is complete and follows court rules, many default judgments are approved without an in-person hearing. However, every case is different — sometimes the court may request more information or a hearing.
What if my spouse responds after I’ve requested default?
If the other party later files a response or opposes the judgment, the court will address the dispute. Depending on timing and circumstances, you may still be able to proceed or the case may move to contested status.
How Divorce661 helps
At Divorce661 we specialize in flat-fee, full-service divorces across California. If your spouse isn’t responding, we can:
- Confirm service and advise on the timeline
- Prepare accurate financial disclosures and verification documents
- Draft a complete judgment package tailored to your terms
- File the request to enter default and follow up with the court
- Handle the process remotely so you don’t have to appear in person unless necessary
We offer a free consultation to review your situation and explain your options. Our flat-fee approach means no surprise billing, and our experience with default cases helps you move forward efficiently even when the other party won’t cooperate.
Next steps
If your spouse didn’t respond to service in San Bernardino, don’t let their inaction stall your life. Take action after the 30-day response period by preparing disclosures and filing a request to enter default. If you’d like help, visit Divorce661.com or schedule a free consultation to discuss your case and get clear next steps.
Take control and finalize your divorce — even if your spouse won’t participate.