What is a default divorce?

A default divorce is a process of divorce that occurs when one spouse fails to file a written response to a divorce petition in California. If a spouse has been properly served with a divorce petition and fails to file a Response within the 30-day time limit set by the court, then the petitioner (the spouse who initiated the divorce) may proceed with a default divorce. This means that the petitioner can then file a Request for a Default Judgment, which allows the court to enter a Judgment of Dissolution of Marriage without requiring the respondent to take any further action. In a default divorce, the court will usually grant the petitioner’s requests, including decisions on matters such as division of property and issues related to spousal support and child custody. Thus, a default divorce is a faster option for completing the divorce process, but it does not give the respondent the opportunity to challenge any of the petitioner’s requests.

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