California Divorce | Wait 30 Days Before Filing Request To Enter Default

If you are going through a California divorce and are trying to complete a True Default Divorce or Default With Agreement divorce case, you will need to file a request to enter default.

The difference between these two types of divorce cases is when you submit your request to enter default paperwork to the court.

Request To Enter Default When True Default Divorce Case

If you are going through a divorce which will be a true default, one where your spouse is not responding and will not enter into a written agreement, you will want to wait 30 days after your spouse has been served.  Not doing so will result in your request to enter default being rejected by the court and you will have to resubmit it.

The 30 days starts the day your spouse is personally served the divorce papers or if you used the notice of acknowledgment of receipt and mailed the divorce documents, you would use 30 days after they signed that form.

Request To Enter Default When Default With Agreement

If you are completing a divorce where you are going to have a default with agreement (also known as a Hybrid) you won’t want to file the Request To Enter Default form after 30 days.

In this case, you are going to want to file the Request To Enter Default along when you submit your divorce judgment to the court.  This way the court will know you are doing a hybrid divorce case.  If you submit it after the 30 days, the court will assume your are file a true default case.

When submitting your Request To Enter Default form, make sure not to sign it before the 30 days have passed.  We had a client who had their request to enter default rejected because they had signed it before the 30 days were passed.  They filed it after the 30 days, but because they dated it before the 30 days, the court rejected it and they had to refile it.

We specialize in divorce in California and are headquartered in Santa Clarita, CA.  If you need assistance with your divorce please make sure to give us a call.

California Default Divorce With Agreement

California Default Divorce With Agreement

The California default divorce with agreement should be the most talked about type of divorce.  But it is not.

Why do I say this?  Because the California default divorce with agreement is the most cost effective way of completing your California divorce.

The California default divorce with agreement combines a “true default” style divorce where the responding party does not file a response and does not pay a filing fee with the Uncontested divorce case where the party is involved in the case and will sign a written agreement.

More easily said, you can file for divorce and enter into a written agreement with your spouse and they do not have to file a response to do this.

Let me say this another way.  One of you can file for divorce.  The other spouse does not need to file a response and you can both still be involved and signed a written agreement.

Why then would you ever want to respond in a divorce case?  If your divorce is contested and you have attorney’s you will almost always file a Response.

But when you are working together in your divorce, a Response is not necessary.  So why don’t the courts talk about this?  The simple answer is, “Money”.  The courts don’t want you to know that you can get divorce and have a divorce with agreement with no response filed because they want their filing fee.  They want the other party to respond and pay the fee.  That is the only reason I can think of.

The California default divorce with agreement is also known as a Hybrid divorce.  It is called a hybrid divorce because it is a Hybrid between the true default case and the uncontested case.  You won’t find any mention of a hybrid divorce or California default divorce with agreement anywhere on the Courts websites.  They talk only about the Default, Uncontested and Contested divorce cases in California.

If you and you and your spouse are going through a California divorce and are working together toward an agreement and want to save money I recommend you use the California default divorce with agreement.  It will save you money and you get all the advantages of submitting a divorce with agreement.

We are a licensed and bonded legal document preparation firm that specializes in California divorce.  We offer affordable flat fees and can help you prepare your California default divorce with agreement case anywhere in California.