If your spouse refuses to respond to divorce papers, you may feel stuck and unsure of how to move forward. Many people worry that the nonresponsive spouse can delay or even prevent a divorce from happening. Fortunately, California law provides a process that allows a divorce case to continue even when one spouse chooses not to participate.
By requesting a default divorce in California, your case can proceed even if your spouse does not respond after you properly serve them with divorce papers. Even though your spouse does not participate in the process, the court still considers their rights as it reviews the legal documents you have filed in your divorce case. It then applies California family law to resolve the issues in your divorce, specifically taking into account what you ask for.
The San Mateo divorce lawyer team at the Law Offices of Ali Yousefi, P.C., helps individuals and families throughout Northern California navigate difficult family law matters with compassionate guidance and dedicated advocacy. Led by award-winning attorney Ali Yousefi, our firm is committed to guiding clients forward while keeping the legal process as efficient and straightforward as possible.
Whether your spouse refuses to respond, has abandoned the marriage, or simply will not participate, we can help you move forward.
What Is a Default Divorce?
A default divorce occurs when one spouse files for divorce and the other spouse does not respond or otherwise participate in the case after being properly served with divorce papers. In that situation, the filing spouse may ask the court to proceed without the other spouse’s participation and enter a default judgment.
Sometimes people use the phrase “uncontested default divorce” in California to describe a situation in which both spouses agree to the terms of a divorce, but only one spouse files the necessary documents. However, California now also provides joint petition procedures for spouses who jointly participate in the divorce process.
Most discussions of default divorce refer to situations where only one spouse participates in the case. In a true default case, the responding spouse does not file a response, negotiate terms, or sign an agreement. If the nonresponsive spouse continues to fail to participate, the filing spouse may request that the court enter a default judgment and proceed with the divorce.
How Do You Get a Default Divorce in California?
The default divorce process begins, as in most California divorces, with a spouse filing a petition for dissolution of marriage. That filing officially begins the divorce case.
File the Divorce Petition
The process starts when you file a petition for dissolution of marriage. When you file, you tell the court how you want it to resolve:
- Property and debts. The court divides community property and debts, meaning assets and debts you and your spouse acquired during the marriage, and therefore share. In the absence of agreement between you and your spouse, courts typically divide shared property equally.
- Child custody and parenting time. If children are involved, the court may issue custody and parenting orders. The court considers the children’s best interests when ordering custody arrangements.
- Child support. The court may order child support based on statutory guidelines that calculate child support. Parents are obligated to support their children, regardless of whether they participate in the divorce.
- Spousal support. The court may order one spouse to pay spousal support to the other as part of the divorce process. However, spousal support often presents unique challenges in default cases because it requires the court to impose an ongoing financial obligation on the non-participating spouse, which courts may hesitate to do absent compelling reasons.
Whether your spouse participates in the case or not, the petition outlines the issues that must be resolved in the divorce.
Serve Your Spouse
After filing the petition, you must serve your spouse with several required documents, including the paperwork you filed and forms that they must sign to acknowledge they received the papers. You typically hire someone to complete service of process, meaning they personally deliver the papers to your spouse, on your behalf. After service is completed, you must file proof of service with the court.
Your spouse has the right to receive notice about the divorce case and an opportunity to respond. Serving papers on your spouse is a critical step to ensure the court will not violate your spouse’s rights. If you do not properly serve your spouse, the case does not proceed.
Unless you cooperate in filing, the date you serve your spouse establishes the deadline for California’s six-month divorce waiting period. California courts cannot divorce you from your spouse until six months after you serve your divorce papers.
You generally must make reasonable efforts to find your spouse and complete service of process. Depending on the circumstances, that may include contacting relatives or friends, checking public records, searching online resources, reviewing social media accounts, or investigating the spouse’s last known address or employment information.
If you cannot locate your spouse, you can use special procedures to ensure you make reasonable efforts to inform your spouse about the divorce. In some cases, the court may allow you to complete service by mailing your legal documents to a last known address. When that seems unlikely to work, you can sometimes complete service by publication, where you publish a notice that you have filed for divorce in an approved newspaper.
Wait for the Response Deadline
After service, your spouse generally has 30 days to file a response. If they file a response, you cannot request a default divorce. If they do not, you can.
Request a Default
Once the response period expires, you may request that the court issue a default divorce.
After you make the request, you have to complete several steps to help the court resolve outstanding issues between you and your spouse.
Complete Financial Disclosures
California requires financial disclosures in divorce cases, even in default cases, unless you ask for nothing. After you request a default divorce, you file disclosures that provide information regarding your:
- Income,
- Expenses,
- Bank accounts,
- Real estate,
- Retirement accounts,
- Investments,
- Debts, and
- Other assets.
Even if your spouse did not respond, the court still needs information about the financial circumstances of the marriage, so you often provide details about what your spouse owns, too, to the best of your ability.
Prepare and Submit Judgment Paperwork
After you request a default and satisfy your disclosure requirements, you submit proposed judgment paperwork. You tell the court how you want it to finally, officially resolve your divorce case.
Court Review and Judgment
Before signing the judgment, the court reviews the paperwork to ensure that you:
- Properly served the papers on your spouse,
- Requested the default correctly, and
- Completed all required disclosures.
The court will issue an order officially divorcing you and establishing the terms of your divorce after that review.
How Long Does a Default Divorce Take in California?
Given the steps involved, many people wonder, “How long does a default divorce take in California?” The most rigid limitation on the length of a default divorce is California’s six-month waiting period. Ultimately, a California default judgment divorce takes at least six months, but many default divorces take longer due to procedural complications, such as serving process on an uncooperative spouse. If you use special procedures to accomplish service, the six-month waiting period generally begins when service is legally completed.
Where you are also matters; processing times vary among Bay Area counties. A divorce in Santa Clara County may move through the court system more quickly than one filed in, for example, Alameda County, Contra Costa County, or San Francisco County, depending on the court’s schedule and workload.
Frequently Asked Questions
Is a Default Divorce in California Automatic?
No. After the required time has passed, you have to affirmatively request a default judgment. The court will not order a default on its own.
Can the Judge Give Me Everything Because My Spouse Did Not Respond?
No. The court must still follow California’s default divorce process and respect your spouse’s constitutional rights. A nonresponsive spouse does not lose all legal rights simply because they failed to participate.
Can a Default Judgment Divide Property?
Yes. The court may divide community property and debts, but it must do so according to California law.
Can Child Support Be Ordered in a Default Divorce?
Yes. California courts may order child support, even if one parent never responds.
Can My Spouse Stop the Divorce by Ignoring It?
No. California’s default procedures exist specifically to prevent a spouse from indefinitely delaying a divorce by refusing to participate.
What If I Cannot Locate My Spouse?
Depending on the circumstances, you may need court approval to use an alternative method of service to ensure you inform your spouse about the divorce.
Get Help with a Default Divorce in California
A default divorce can provide a path forward when your spouse refuses to participate in the process. Yet default divorces can be procedurally complex and require specialized procedures, making the advice of a family lawyer invaluable.
At the Law Offices of Ali Yousefi, P.C., we help clients throughout Northern California navigate divorce and other family law matters. Attorney Ali Yousefi and our team work diligently to pursue efficient resolutions whenever possible while remaining prepared to protect our clients’ interests when disputes arise.
Contact us today for a free consultation.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
- Service of summons, California Code of Civil Procedure § 415.50.
- Procedural provisions, responding to petition, California Family Code § 2020.
- Waiting period, California Family Code § 2339.
- Division of property, California Family Code § 2550.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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