4 Reasons Your California Divorce Request to Enter Default Is Rejected | California Divorce

Posted by Gail Brion on

4 Reasons Your California Divorce Request to Enter Default Is Rejected

Navigating a divorce in California can be complicated, especially when it comes to filing paperwork correctly. If you’ve recently submitted a request to enter default and found it rejected, you’re not alone. I’m Tim from Divorce661.com, and I specialize in California divorce cases. Today, I want to share the top reasons your request to enter default might get rejected, helping you avoid common pitfalls and move your case forward smoothly.

Understanding the Request to Enter Default

In California divorce proceedings, a request to enter default is filed when the other party doesn’t respond within the required timeframe. This allows the filing party to move forward with the case without the other party’s input. However, many requests get rejected due to procedural mistakes or misunderstandings about the process. Let’s break down the most frequent reasons why this happens.

1. Your Spouse Filed a Response

The very first reason your request to enter default can be rejected is if your spouse has already filed a response. A default can only be entered if no response is filed. If your spouse submits a response—even after the initial 30-day period you waited to file default—your request will be rejected.

It’s important to note that while you must wait 30 days after serving your spouse before filing for default, the court may take several weeks, sometimes up to a month, to process your request. During this waiting period, your spouse still has the opportunity to file a response, which will be entered immediately and cause your default request to be rejected.

2. Address Discrepancies or Changes

If the address you list on your request to enter default differs from the address on your original petition, your request could be rejected. This usually happens when your spouse has moved, or you have filed a substitution of attorney or a notice of change of address, but the updated address isn’t reflected on your default request.

To avoid this, make sure you either file a change of address with the court or provide a clear explanation as to why the default request is being served at a different address than what was originally listed.

3. Errors or Premature Filing on the Form

Simple mistakes on the form can lead to rejection. These errors include incorrect case numbers, wrong party names, missing or incorrect dates, or missing signatures. Additionally, if you file your request to enter default before the required 30-day period after service has elapsed, the court will reject it as premature.

Double-check your forms for accuracy and timing before submission to ensure they meet court requirements.

4. Incomplete or Missing Proof of Service

One of the most critical documents in this process is the proof of service, which confirms that the divorce papers were properly delivered to your spouse. You cannot file a default without first filing this proof.

If you fail to file the proof of service, or if the proof of service is incomplete or incorrectly filled out, your request will be rejected. The court needs clear confirmation that your spouse was served and that the required time has passed before entering default.

Additional Important Consideration: Consistent Addresses

I recently encountered a unique case where the request to enter default was rejected due to address inconsistencies between the petition and the default request. Courts want to understand why the service address differs from the petition address. If you find yourself in this situation, it’s important to provide a clear explanation to the court to avoid rejection.

Conclusion

Filing a request to enter default in a California divorce case can be straightforward if you avoid these common mistakes. Remember to:

  • Confirm your spouse has not filed a response.
  • Ensure addresses are consistent or properly updated.
  • Complete forms accurately and file them on time.
  • File a complete and correct proof of service before your request.

If you have questions or need assistance with your divorce paperwork anywhere in California, feel free to reach out. At Divorce661.com, we’re here to help you navigate the process smoothly and efficiently.

Tim Blankenship

4 Reasons Your California Divorce Request to Enter Default Is Rejected | California Divorce

Posted by Tim Blankenship on

 

4 Reasons Your California Divorce Request to Enter Default Is Rejected

Filing a request to enter default in a California divorce may seem straightforward: serve the other party, wait 30 days, then file. In practice, courts reject these requests fairly often. Understanding the common pitfalls will save weeks of delay and a lot of frustration.

What “request to enter default” means

Request to enter default is the paperwork you file when the other spouse fails to file a response after being properly served. The court will only enter a default if no response exists and specific procedural requirements have been met.

Top reasons the request is rejected

  1. A response was filed by the other party

    If the other spouse files any response before the court enters your default, your request will be rejected. Keep in mind that your request does not get entered immediately when you drop it off. It sits on the clerk’s desk and can take several weeks to be processed. Even if the 30-day service period has passed on paper, the other party can still file a response during the time your paperwork waits to be entered. When their response is filed first, it blocks your default.

  2. Address or attorney records don’t match

    If the address where you served the request is different from the address on the original petition or the court’s records, the court may reject the filing unless you have updated the record. This includes situations where a substitution of attorney or a notice of change of address was previously filed but not properly reflected on the petition or proof of service.

    Action steps: file a formal change of address or a substitution of attorney before submitting your request, or include a short declaration explaining why a different service address was used.

  3. Errors on the form

    Simple mistakes cause rejections more than you might expect. Typical errors include the wrong case number, misspelled party names, incorrect dates, missing signatures, or other clerical mistakes. Another common form error is filing the request prematurely – before the required 30-day service period has elapsed.

    Action steps: double-check the case number, names, dates, and signature block. Verify the filing date relative to the service date so the request is not premature.

  4. Missing or incomplete proof of service

    The court will reject a default request if the proof of service was not filed, filed after the request, or filled out incorrectly. The correct sequence is: serve the documents, file the proof of service with the court, wait the required 30 days, then file the request to enter default. If you skip or mess up any step in that order, the request is vulnerable to rejection.

    Action steps: immediately file the proof of service after serving, keep a copy, and confirm it is entered on the court docket before filing for default.

One more important issue: serving at a different address than the petition

Courts scrutinize discrepancies between the address on your original petition and the address used for serving the default request. If you served at an address different from what’s on file, the court will want an explanation. This situation comes up often when a party moves or when the court’s records were not updated to show a substitution of attorney or change of address.

Provide a clear declaration explaining the change and attach any supporting paperwork showing the new address was properly noticed to the court. That explanation often prevents rejection.

Practical checklist before filing a request to enter default

  • Confirm no response exists on the court docket.
  • File the proof of service immediately after serving and confirm it was recorded.
  • Wait the full 30 days from the date of service before filing for default.
  • Verify addresses and counsel information match court records or file a change of address or substitution of attorney first.
  • Double-check all form fields for correct case number, party names, dates, and signatures.
  • Keep copies of all documents and proof that they were filed with the court.

If your request is rejected

Read the rejection stamp or notice carefully. It will usually state the reason and what you must fix. Correct the error, refile the missing or corrected documents, and consider filing a short declaration explaining the corrections. If the rejection was due to a filed response, consult an attorney to understand next steps, because converting to a default may no longer be an option.

Final tips

Timing and paperwork precision matter more than speed. Because the clerk’s office can take weeks to enter filings, always assume delays and plan accordingly. Small clerical mistakes are easy to avoid with a checklist and a final review. When in doubt about address changes or procedural questions, get legal guidance to avoid costly delays.

Correct filing sequence, accurate forms, and updated court records are the best protection against a rejected request to enter default.

Following these steps will improve your chances that the court accepts your request the first time. If you encounter a rejection, respond quickly and methodically to correct the defect so your case can move forward.

4 Reasons Your California Divorce Request To Enter Default Is Rejected | California Divorce

Posted by Tim Blankenship on

 

4 Reasons Your California Divorce Request To Enter Default Is Rejected

Navigating the divorce process in California can be complex, especially when it comes to filing a Request to Enter Default. If you’ve recently tried to move your divorce forward by filing this request but found it rejected, you’re not alone. I’m Tim from Divorce661.com, and I specialize in helping Californians with divorce matters throughout the state. In this article, I’ll walk you through the top four reasons your Request to Enter Default might get rejected by the court, so you can avoid common pitfalls and keep your divorce moving smoothly.

Understanding the Request to Enter Default in California Divorce

First, it’s important to understand what a Request to Enter Default is and when it applies. In California divorce cases, if your spouse has been properly served with divorce papers but fails to respond within 30 days, you can file a Request to Enter Default. This essentially means you are asking the court to proceed with the divorce without your spouse’s participation because they did not respond in time.

However, filing this request is not always straightforward. The court has strict rules about timing, proper documentation, and form accuracy. If your request is rejected, it can delay your divorce process significantly. Let’s dive into the four most common reasons your request might get rejected and what you can do to fix them.

1. Your Spouse Has Filed a Response

The number one reason for a Request to Enter Default rejection is if your spouse has already filed a response to the divorce petition. In California, a default can only be entered if the other party has not responded at all. If your spouse files a response—even after the 30-day deadline but before your default request is entered—the court will reject your request.

Here’s why this happens: When you file your Request to Enter Default, it doesn’t get stamped and entered into the court system immediately. Instead, it sits on the clerk’s desk in a pile, sometimes for weeks or even a month. During this waiting period, your spouse could still file a response, which is entered into the court system immediately. This means even if you waited the full 30 days after service to file your request, the default might still be rejected if your spouse beats your default request to the clerk’s desk with a response.

To avoid this, keep an eye on the court docket or check with your attorney regularly. If your spouse responds, you cannot proceed with a default and will need to move forward with the divorce through the usual contested or uncontested channels.

2. Address Discrepancies on Your Forms

Another frequent reason for rejection is related to address inconsistencies on your Request to Enter Default or related forms. Specifically, if the address you list on your request is different from the address on your initial petition, the court may reject your request unless you take additional steps.

For example, if your spouse has moved to a new address after the petition was filed but before you filed your default request, you need to file a formal Notice of Change of Address or a Substitution of Attorney form if you have changed legal representation. This notifies the court officially of the new address and explains why the request is being served at a different location.

If you fail to update the court or explain the difference in addresses, the clerk may reject your request because it appears you have not properly served or notified your spouse or the court of the current address. This is a common but often overlooked issue, so double-check your forms and serve any necessary notices before filing your default request.

3. Errors or Premature Filing on the Request to Enter Default Form

Simple mistakes on your Request to Enter Default form can also cause a rejection. Common errors include:

  • Incorrect case number
  • Wrong spelling of party names
  • Missing or incorrect dates
  • Unsigned or improperly signed forms
  • Filing the request too early—before the 30-day response period has elapsed

Premature filing is a particularly important point. The law requires that you wait at least 30 days after your spouse has been served with divorce papers before you can file a Request to Enter Default. If you file before this period expires, the court will reject your request as premature.

To avoid these mistakes, carefully review all your paperwork before submission. Double-check every detail, especially case numbers and names, and ensure you have waited the full 30 days after service. If you’re unsure, consult with a family law expert or use resources like Divorce661.com for guidance.

4. Missing or Incomplete Proof of Service

One of the most critical elements in filing a Request to Enter Default is the Proof of Service. This document confirms to the court that your spouse was properly served with the divorce papers.

You cannot file a default unless you have filed your Proof of Service correctly. The proper sequence is:

  1. Serve the divorce papers to your spouse.
  2. File the completed Proof of Service form with the court.
  3. Wait at least 30 days after service before filing your Request to Enter Default.

If you skip filing the Proof of Service or if the Proof of Service form is incomplete or incorrect, your Request to Enter Default will be rejected. Common errors include not filling out all required fields, missing signatures, or not properly describing how the papers were served.

Always make sure your Proof of Service is accurate and filed on time. If you’re hiring a professional process server, confirm they provide you with the correct paperwork. If you are serving papers yourself, follow the court’s guidelines carefully to avoid mistakes.

Additional Important Considerations

In addition to these four main reasons, there are other nuances that can cause a default request to be rejected. For example, if the court notices that the address on your petition and your default request don’t match, they may want an explanation before accepting your request.

In one recent case, a client’s Request to Enter Default was rejected because the court wanted a clear reason why the default request was being served at an address different from the one listed on the petition. This is something we hadn’t seen before but is now becoming more common. Always be prepared to provide explanations or additional documentation to the court if requested.

How to Avoid Rejection and Successfully File Your Request to Enter Default

Filing a Request to Enter Default is an important step in moving your divorce forward when your spouse isn’t responding. To avoid rejection and delays, keep these best practices in mind:

  • Verify your spouse has not filed a response: Before filing your request, check the court docket or with your attorney to confirm no response has been filed.
  • Update addresses promptly: File a Notice of Change of Address or Substitution of Attorney form if there have been any changes since the petition was filed.
  • Review all paperwork carefully: Make sure names, case numbers, dates, and signatures are accurate and complete.
  • Wait the full 30 days after service: Don’t file your request too early; the court will reject it if you do.
  • File your Proof of Service before your request: Always file the Proof of Service form and ensure it is correctly filled out before submitting your Request to Enter Default.

Need Help With Your California Divorce?

If you’re struggling with your divorce paperwork or your Request to Enter Default has been rejected, don’t hesitate to reach out for professional assistance. At Divorce661.com, we specialize in California divorce matters and can help you navigate the complexities of the court system anywhere in California.

Divorce can be stressful and confusing, but with the right guidance, you can move forward efficiently and with confidence. If you have questions about your divorce case or need help filing a Request to Enter Default, please call the number on your screen or visit our website for more information.

Conclusion

Filing a Request to Enter Default in a California divorce case requires careful attention to detail and strict adherence to court rules. The four most common reasons for rejection are:

  1. Your spouse has filed a response.
  2. Address discrepancies or failure to file a change of address.
  3. Errors on the request form or filing the request prematurely.
  4. Missing or incomplete Proof of Service.

By understanding these pitfalls and preparing your paperwork carefully, you can avoid delays and help your divorce proceed smoothly. Remember, the court’s timeline and procedures can be strict, so taking the time to get everything right the first time is well worth the effort.

If you found this guide helpful and want personalized support, feel free to reach out to Divorce661.com. We’re here to help you through every step of your California divorce journey.

 

FL-165 Request To Enter Default Confusions

Posted by Tim Blankenship on

FL-165 Request To Enter Default Confusions

Tim Blankenship with divorce661.com here and In this video, I want to help explain further what the FL 165 is, how it works and just some confusions on how that works.

So, a lot of times when you’re going through a divorce, you’re going to get to a point where you file a request to enter default. This will be in a true default case and this will also be in a hybrid case where there’s an agreement but no response.

So, one of the questions I had the other day was Tim, how does it work with the FL 165 and the 30 days and there was 2 different questions, 2 different ways I’m going to answer this, number 1 way was I had the petitioner call me in 1 case and say well my husband hasn’t responded and the 30 days is over, has he lost his rights and no, that’s not the case and the reason being is 30 days is the window but unless a request to enter default is filed the respondent can at any time file the response, even years down the road, as long as the request to enter default is not filed the response can be filed.

So, you don’t automatically lose it, the door doesn’t slam closed after 30 days, the petitioner has to take a particular action and file the request to enter default. Now, let me answer this another way for another client, she said 30 days has gone by, I have filed my request to enter default but it hasn’t been filed yet, can the respondent after 30 days still file the response and again the answer is yes.

So, what happens when you file some paperwork, say your petition or some disclosures, those get filed immediately. They get file stamped and they get filed right away with the court. With the request to enter default that has to go to the judgment clerk in the courtroom so it takes a while, it can take a couple of weeks, even a month to get file.

So, let’s say the 30 days goes by and you want to file the request to enter default and you do, let’s say you submit to court on that 31st day and you’re waiting, 2 weeks goes by, 3 weeks goes by and the respondent files a response even though it’s beyond the 30 days, whoever’s paperwork is filed 1st will win.

So, if the request to enter default gets filed and the respondent files the response, the response will be rejected or not be allowed to be filed, but if the request to enter default has not been filed yet because of court delays, the respondent can still sneak in the response.

Tim Blankenship divorce661.com, if you need help with your divorce anywhere in California feel free to give me a call 661 281 0266. Hope this was helpful, have a great day.

What To Do If Your California Default Divorce Is Rejected

Posted by Tim Blankenship on

There are a few different ways you can file for divorce.  In this article we are specifically talking about the California Default Divorce.  This can be a True Default, where the other party is not involved at all or a Hybrid Divorce, where it is a Default, but you have an agreement.

More specifically, we are discussing the how to use the Request To Enter Default form with a default style divorce because we are seeing that people are having difficulty understanding how to use the form and when to submit it to the court.

Watch this quick video where I discuss what to do if your Request to Enter Default is rejected during your California divorce.

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If you are doing a true California default divorce, where the other party is not going to participate at all, you can file the Request to enter default form 30 days after the other party has been served.

But did you know that you can also submit your entire divorce judgment as well at the same time?

You sure can!

Most people think that they have to submit the request to enter default first, and then wait the 4-8 weeks or longer to see if it is approved before filing their judgment.  This is not necessary.

All you need to do is submit your entire California divorce judgment papers along with the Request To Enter Default forms.

When you are submitting a request to enter default for your California divorce, you may have to attach the FL-160’s (Property Declarations) if you have property.  Don’t forget, you need 2 sets of forms.  Once for community property and one for separate property.

We recommend you do one of each, even if there is no property, so the court knows that to be the case and don’t think you just forgot to do the forms.

Make sure to watch the video above, where I go into a little bit more detail about the Request to Enter Default and specifically about what you can do if your request to enter default is rejected during the California divorce process.

By Tim Blankenship