What Happens If Your Spouse Doesn’t Respond to Divorce Papers in San Diego? | San Diego Divorce

 

What Happens If Your Spouse Doesn’t Respond to Divorce Papers in San Diego?

Hi — I’m Tim Blankenship from Divorce661. In this post I’ll walk you through what happens if you’ve filed for divorce in San Diego County and your spouse doesn’t file a response. If your spouse is unresponsive, you don’t have to sit and wait forever. There is a clear process in California that lets you move forward with a default divorce, but only if you follow the steps correctly.

Quick overview: the 30‑day response window

After you serve divorce papers, California law gives the other spouse 30 days to file a response with the court. If they don’t file anything within those 30 days, you may proceed with a default. That means the court can finalize the divorce without your spouse’s participation — but it’s not automatic. You must take affirmative steps to have the court enter default and then obtain a default judgment.

What a default divorce means

A default divorce allows the court to grant the relief you requested even though the other spouse didn’t respond. The judge will consider the documents you submit and can finalize the dissolution of marriage, divide assets and debts, and make orders regarding spousal support, custody, visitation, and other issues — as long as you have properly documented your requests and disclosures.

Required paperwork: don’t skip steps

Failing to file the right documents, or filing them incorrectly, is the most common reason default cases get delayed or rejected. Typical items you’ll need include:

  • Request to Enter Default — the formal filing that asks the court to enter default after the 30‑day response period has passed.
  • Financial disclosures — income and expense declarations, and disclosures showing assets and liabilities. The court expects a full financial picture even in default cases.
  • Proposed judgment — the judgment you want the judge to sign, showing how you want the case resolved (property division, support, custody if applicable).
  • Declarations or supporting papers — any additional affidavits or proof required to support your requests (for example, proof of service, proof of residency, etc.).

Each county may have local filing rules and requirements. In San Diego, proper completion and filing of these forms is crucial. If a form is missing or filled out incorrectly, the court can reject your proposed judgment and you’ll face further delays.

Common mistakes that cause delays

  • Assuming that service alone starts the default process — you must file the Request to Enter Default after the 30 days.
  • Incomplete or missing financial disclosures — the court expects a full accounting even when the other party is absent.
  • Submitting a proposed judgment with errors or inconsistencies — judges won’t sign documents that don’t reflect required legal language or local form expectations.
  • Failing to follow local court filing rules (format, signatures, exhibits) — each rejection requires corrections and slows down the finalization.

A real example from San Diego

One client served her spouse and assumed everything was moving forward. Months passed and nothing happened because she never filed the Request to Enter Default. Once we stepped in, we prepared the missing forms, completed the financial disclosures, and filed the proposed judgment correctly. Her divorce judgment was approved in just a few weeks — all because the right paperwork was filed the right way.

How we can help

At Divorce661 we specialize in default divorce cases in San Diego, especially when one spouse is unresponsive. Our flat‑fee services include:

  • Reviewing your case and advising what’s required to move forward
  • Preparing and filing the Request to Enter Default and all required paperwork
  • Ensuring financial disclosures and proposed judgments meet court standards
  • Handling 100% online filing and all communications with the San Diego court

If you want to move forward without your spouse, we’ll make sure everything is complete and correctly filed so you don’t face unnecessary delays or rejections.

Next steps

  1. Confirm that 30 days have passed since service.
  2. Gather all required financial information and documents (income, expenses, assets, debts).
  3. Prepare and file a Request to Enter Default, proposed judgment, and supporting disclosures.
  4. If you want help, schedule a consultation so an experienced team can prepare and file everything for you.

If your spouse hasn’t responded and you’re ready to move forward, visit Divorce661.com to schedule a free consultation. We’ll walk you through the default process, prepare the paperwork, and work to finalize your divorce as quickly and smoothly as possible.

Conclusion

Not hearing back from your spouse after serving divorce papers is stressful, but it doesn’t mean you’re stuck. California law allows you to obtain a default divorce after the 30‑day response window — provided you file the proper paperwork. Take the right steps, avoid common mistakes, and get help if you need it so your case can be resolved without unnecessary delay.