Whether you're considering filing for divorce or just received a divorce
petition from your spouse, you may have heard the term "divorce by
default" somewhere before. Today, we're covering exactly what
a divorce by default is, so you can enter your divorce dispute armed with
the knowledge you need to succeed.
"True Default" Divorces in California
True default divorces are fairly uncommon. In a "true default"
case, one individual files for a divorce against their spouse, without
coming to an agreement beforehand on how to handle various divorce-related
processes such as property division, child support and custody, and alimony,
and their spouse fails to file a response.
If you
file for divorce against a person and they still have not filed a response with the court
after 30 days, you may be able to proceed with a true default divorce.
To get a true default divorce, you'll need to file additional forms
with the court presiding over the case, including "Request to Enter
Default," "Declaration for Default or Uncontested Dissolution
or Legal Separation," "Judgment," and "Notice of Entry
or Judgment" forms.
Depending on other details of the divorce - such as whether children are
involved, and you would like custody of them, whether you or your spouse
may have a spousal or child support obligation, etc. - you may need to
file additional forms, which can make the process of obtaining a "true
default" divorce significantly more lengthy.
However, if the judge presiding over the case assesses the details and
determines a true default judgment is in order, obtaining one should be
relatively easy.
What's the Alternative to a True Default Divorce?
Frequently, "uncontested" divorces in which the respondent waives
their right to respond to the divorce petition are also called "default"
divorces in CA.
In this type of divorce, the spouses meet with each other ahead of time
and agree on terms for the divorce, enclosing those terms in a divorce
agreement both parties then sign. Since the parties have reached an agreement
on how to handle the divorce, the respondent (the individual who receive
the divorce petition) can waive their right to respond, allowing the court
to proceed with the divorce as though it was a default divorce.
At Arnold Law Group, APC, we'll help you find the best path forward
in your divorce. Contact us online
or by phone to schedule a consultation with our team.