FILING a RESPONSE is a BIG MISTAKE: Uncontested California Divorce | California Divorce

Posted by Tim Blankenship on

FILING a RESPONSE is a BIG MISTAKE: Uncontested California Divorce

I’m Tim Blankenship of Divorce661. I get a lot of calls from people who were served with divorce paperwork and, out of fear or habit, immediately want to file a Response. But if you and your spouse are amicable, that knee‑jerk reaction may be unnecessary—and it can add time, cost, and complexity to a straightforward, uncontested divorce.

Why people rush to file a Response

Being served with divorce papers feels urgent. The documents usually include a deadline and that creates pressure to act immediately. Most people think filing a Response is the only way to protect their rights, so they file first and ask questions later.

That instinct makes sense, but it isn’t always the right move. As I often tell callers:

“a response is not required if you’re amicable.”

If both parties agree on the terms, there are simpler ways to finalize the divorce without turning it into a contested case.

 

Contested vs. uncontested: when a Response matters

Understanding the difference between contested and uncontested divorces is key:

  • Contested divorce: You and your spouse disagree on one or more significant issues—property division, support, custody, etc. Filing a Response is usually necessary to protect your legal interests and to formally participate in the process.
  • Uncontested divorce: You and your spouse agree on all major issues. When that’s the case, you can often proceed by signing and submitting the appropriate settlement documents rather than immediately filing a Response that signals a contest.

In amicable cases, filing an unnecessary Response can inadvertently convert an uncontested situation into a contested one—adding filing fees, exchanges of paperwork, and potentially court hearings.

Important caution

Every situation is different. Typically you have a limited time after being served to file a Response; failing to respond when you should could lead to a default. If you’re unsure whether your case is truly uncontested, get guidance before deciding not to file.

If you and your spouse are amicable: practical options

When both parties are on the same page, here are practical steps to consider instead of reflexively filing a Response:

  • Talk to your spouse: Confirm in writing the agreements on property, support, custody, and debt.
  • Prepare a settlement agreement: A Marital Settlement Agreement or similar document that lays out all terms can be submitted to the court to finalize the divorce.
  • Use the right paperwork: Work with a knowledgeable attorney, document preparer, or a court clerk to file the correct uncontested forms so you avoid unnecessary filings and fees.
  • Get professional help if needed: If anything is unclear, call a professional. As I tell people:

    “give me a call it can help you get through the process without the extra fee.”

When you should still consider filing a Response

There are times when filing a Response is the safest move:

  • There are disputes over major assets, debts, or custody.
  • You need to preserve rights while negotiations continue.
  • You suspect the other party isn’t being truthful or may later change the agreement.
  • You were improperly served or the paperwork contains errors—filing protects your position while you resolve service or procedural issues.

A simple checklist if you were just served and you’re amicable

  1. Take a breath—don’t file immediately out of panic.
  2. Read the paperwork carefully and note the service date and deadlines.
  3. Talk with your spouse and confirm what you both agree on in writing.
  4. Contact a professional to confirm the best procedural path—uncontested settlement filing vs. filing a Response.
  5. If you proceed uncontested, ensure the settlement and judgment paperwork are prepared and filed correctly to avoid delays or extra fees.

Conclusion

Filing a Response right away can be a big mistake when you and your spouse are amicable. It can turn a simple, uncontested divorce into a contested, costlier process. Take a moment to assess the situation, confirm your agreement with your spouse, and get guidance on the correct paperwork. If you want help navigating this without adding fees or unnecessary steps, give me a call—I can walk you through how to get the divorce finalized smoothly and efficiently.

Received FL 165 — This Is Not Your Final Judgment | California Divorce

Posted by Tim Blankenship on

 

Received FL 165 — This Is Not Your Final Judgment

What is an FL-165?

The FL-165 is the California court form commonly called the Request for Default or Default. It is a procedural notice the court issues after you file a default-style divorce judgment packet. Receiving this form means the court has processed the default request portion of your paperwork, not that your divorce is finalized.

The FL-165 is otherwise known as a request and/or default.

Why you get the FL-165 first

In default or default-with-agreement cases the court processes paperwork in stages. A clerk dedicated to default requests handles the FL-165. A separate clerk later handles the final judgment paperwork. Because of that division of duties, the FL-165 arrives in the mail before the final judgment.

Typical timeline: When to expect the final judgment

After the FL-165 is filed, expect roughly 30 to 45 days before the court issues the final judgment (usually the FL-180). The FL-180 will include the official date your divorce becomes effective.

What to do when you receive an FL-165

  1. Do not panic. The FL-165 is not the final divorce paperwork.
  2. Confirm your case type. FL-165 appears when a case is a default or default-with-agreement. If the other party filed a response, you typically will not see an FL-165.
  3. Watch your mail. The final judgment packet (FL-180) should arrive in about 30 to 45 days.
  4. Keep your contact information current. Make sure the court has your correct mailing address to avoid delays.
  5. Contact the court only if the judgment does not arrive. If more than 45 days pass, call the clerk assigned to judgments to check the status.

Common scenarios explained

  • Default or default with agreement: You will receive FL-165 first, then FL-180 later.
  • Contested case (response filed): The FL-165 usually will not be part of the record in the same way.
  • Hybrid cases: Depending on what was filed, the FL-165 may or may not be used.

 

Received FL 165 — This Is Not Your Final Judgment

What is an FL-165?

The FL-165 is the California court form commonly called the Request for Default or Default. It is a procedural notice the court issues after you file a default-style divorce judgment packet. Receiving this form means the court has processed the default request portion of your paperwork, not that your divorce is finalized.

The FL-165 is otherwise known as a request and/or default.

Why you get the FL-165 first

In default or default-with-agreement cases the court processes paperwork in stages. A clerk dedicated to default requests handles the FL-165. A separate clerk later handles the final judgment paperwork. Because of that division of duties, the FL-165 arrives in the mail before the final judgment.

Typical timeline: When to expect the final judgment

After the FL-165 is filed, expect roughly 30 to 45 days before the court issues the final judgment (usually the FL-180). The FL-180 will include the official date your divorce becomes effective.

What to do when you receive an FL-165

  1. Do not panic. The FL-165 is not the final divorce paperwork.
  2. Confirm your case type. FL-165 appears when a case is a default or default-with-agreement. If the other party filed a response, you typically will not see an FL-165.
  3. Watch your mail. The final judgment packet (FL-180) should arrive in about 30 to 45 days.
  4. Keep your contact information current. Make sure the court has your correct mailing address to avoid delays.
  5. Contact the court only if the judgment does not arrive. If more than 45 days pass, call the clerk assigned to judgments to check the status.

Common scenarios explained

    • Default or default with agreement: You will receive FL-165 first, then FL-180 later.
    • Contested case (response filed): The FL-165 usually will not be part of the record in the same way.
    • Hybrid cases: Depending on what was filed, the FL-165 may or may not be used.

Quick checklist

  • Received FL-165 — understand it is a processing notice, not final judgment.
  • Expect FL-180 roughly 30 to 45 days after FL-165 is processed.
  • Keep a copy of your filings and all court mailings.
  • If the FL-180 does not arrive after 45 days, contact the court clerk handling judgments.

Final note

Receiving the FL-165 is a normal and expected step in a default-style California divorce. It means the court is moving forward. The next important document to watch for is the FL-180, which contains the final judgment and the date your divorce becomes effective. Stay organized, monitor your mail, and reach out to the court if the anticipated timeline is exceeded.

 

Quick checklist

  • Received FL-165 — understand it is a processing notice, not final judgment.
  • Expect FL-180 roughly 30 to 45 days after FL-165 is processed.
  • Keep a copy of your filings and all court mailings.
  • If the FL-180 does not arrive after 45 days, contact the court clerk handling judgments.

Final note

Receiving the FL-165 is a normal and expected step in a default-style California divorce. It means the court is moving forward. The next important document to watch for is the FL-180, which contains the final judgment and the date your divorce becomes effective. Stay organized, monitor your mail, and reach out to the court if the anticipated timeline is exceeded.

 

California Divorce | True Default vs. Default Divorce With Agreement

Posted by Tim Blankenship on

There is still some confusion on the best way to prepare your California divorce.  We will discuss the pro’s and con’s of the “True Default” vs. “Default With Agreement” divorce cases when filing your Amicable California Divorce.

If you are going through an amicable divorce in California, there may be a good reason to not file a Response to your California Divorce .

What Happens If You Don’t Respond To Divorce Summons & Petition?

First, lets discuss what happens when you don’t respond in a California Divorce.  Per the summons, it says you have 30 days to respond after being served the divorce papers.  It further states that if you do not respond, the Court and the other party can make decision about the divorce without you.

But What If You Are In Agreement?

But what if you are working on an amicable divorce and you are mostly in agreement.  Is there any reason you need to file a Response which will cause you to have to pay the Response fee and double the cost of your divorce?

We say that if you are working on an amicable divorce in California you do not need to file a Response and can choose to do either a “True Default” or “Default With Agreement” style divorce.

What Is A True Default Divorce?

A True Default divorce is where one party files and served the other.  Then the other party does absolutely nothing.  They don’t respond and they don’t participate at all.  There are pro’s and Con’s to this.

Pro’s to True Default Divorce:

  1. Useful when the other party does not respond
  2. Easy way to conclude case if no property, no kids, and short term marriage.
  3. Can use “strategic default” meaning we purposely default the other party even if they planned to cooperate.

Con’s To True Default Divorce:

  1. Community property must be evenly divided (even is it is an unfair division)
  2. Must file property declaration which become public record
  3. Defaults are scrutinized by the Court
  4. May require a default hearing (you might have to go to court)

What Is A Default With Agreement Case?

A default with agreement divorce cased is still a default.  It is different than the True Default in that the other party is going to participate. They are not going to Respond, but they are going to do all the paperwork (as if they Responded) and enter into a written agreement with you.

Pro’s To Default With Agreement Case:

  1. Easy to get approved because Court knows both parties were involved.
  2. No public record of property.
  3. No filing free necessary from Respondent.
  4. You will enter into a written agreement.
  5. Not necessary to have equal division of property.

Which Way Should You Go?

Each divorce case is different, but I would say if you can get your spouse to enter into a written agreement, it is better.  If you have children or property, you may want to try for the default with agreement and use the True Default as a last resort.  Why not, if it does not cost anymore to do it.

The true default might be better if you know your spouse will not be involved and not sign anything.  You can have them served and them they are no longer needed.

If you don’t have any property, no children and a short term marriage, you may choose to file the true default from the get-go.

Again, your specific circumstances will dictate the best way to go.

If you have any questions about the California divorce process, please give us a call.  We specialize in California divorce and can help you determine if filing a True Default or a Default With Agreement might be the best way to go. We serve all of California.