What is a "default judgment" in a California divorce, and how do I request one if my spouse fails to respond?

A default judgment in a California divorce is a final court order ending your marriage, which is granted when your spouse fails to file a response to your divorce petition within the legal timeframe. It allows the case to move forward and be finalized without your spouse's participation. Here is how you request a default judgment: Step 1: Wait for the Response Deadline After you serve your spouse with the Summons (FL-110) and Petition (FL-100), they have 30 days to file a response with the court. You cannot proceed until this 30-day period has passed and you have filed your Proof of Service of Summons (FL-115) with the court clerk. Step 2: File the Request to Enter Default Complete and file a Request to Enter Default (Form FL-165) with the court clerk. This form officially tells the court that your spouse did not respond in time. You will typically need to mail a copy of this filed form to your spouse. Step 3: Serve Your Final Financial Disclosures Even though your spouse did not respond, you must still complete and serve them with a final Declaration of Disclosure (FL-140) and an Income and Expense Declaration (FL-150). You do not file these with the court, but you must file a Declaration Regarding Service of Declaration of Disclosure (FL-141) to prove to the judge you completed this step. Step 4: Submit Final Judgment Forms Prepare and submit a judgment packet to the court. This packet usually includes a Judgment (FL-180), a Notice of Entry of Judgment (FL-190), and a Declaration for Default or Uncontested Dissolution (FL-170). In this packet, you will write the specific orders you want the judge to make regarding property, debt, and other issues. Important considerations: The court can only grant what you originally requested in your Petition. You cannot request more assets or different custody orders in the final judgment than you listed initially. The court process is detailed, and all forms must be filled out correctly, or they will be rejected. You can find all required forms on the California Courts self-help website. Warnings and limitations: A default judgment is not always permanent. Your spouse may later ask the court to set aside (cancel) the judgment if they have a valid legal reason for not responding, such as not being properly served. This process is most straightforward when there are no complex issues like child custody, support, or complicated property division. This is general information and does not constitute legal advice. For complex situations or to ensure your rights are protected, consult with a qualified California attorney.