What is a default divorce?

A default divorce is a divorce granted in the state of California when one party does not respond to or appear in court for the divorce proceedings. This type of divorce usually occurs when one spouse has either not been served the paperwork to appear in court, or when one spouse has been served but fails to appear in court. In a default divorce in California, the court will accept the original petitioning spouse’s pleadings as true and enter a final divorce judgment accordingly. The non-appearing spouse, who is known as the ‘defaulting spouse,’ will lose the right to participate in the divorce proceedings, and will not be able to set forth any evidence or call witnesses to testify on their behalf. It is important to note, however, that the defaulting spouse will not be able to challenge any part of the divorce, including the division of property, asset distribution, and orders regarding spousal support or child support. The court’s decision in these matters will be final, and the court will not give the defaulting spouse the chance to challenge the court. In a default divorce in California, both spouses will also be required to submit any financial declarations, child or spousal support worksheets, and other documents to the court. The court will then review the documents to ensure the division of assets and the court orders for child and spousal support are fair, equitable, and consistent with California law. Default divorces are a common way to dissolve a marriage in California and can be used if one spouse will not cooperate with the divorce process. If a default divorce is sought, it is important to have all of the required documents ready and to be aware that the final decision of the court is not subject to challenge by the non-appearing spouse.

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