Online Divorce Lawyer is Perfect For the Default Divorce Judgment Process in Your California Uncontested Divorce?

HECK! YES! If possible, you definitely want to use default divorce in your uncontested divorce in California. It’s a much easier, faster and far less expensive process than a contested or mediated divorce. And it is the slightly simpler type of the two types of uncontested divorce (see below).

After C-19, uncontested divorce is 80% of all California divorce, and default divorce IS the vast bulk of all uncontested divorce in California.

All default divorce is uncontested divorce, but not all uncontested divorce is default divorce. Don’t worry. We’ll explain.

What is Uncontested Divorce?

Let’s define uncontested divorce first. Uncontested divorce in California means simply that you and your spouse/partner are in agreement. You are not disputing, and are not going to dispute, any issue in your divorce, including the divorce itself.

Now let’s go a step further. Even if your divorce is technically uncontested, based on the simple definition above, you should not treat it as uncontested if any of the following factors are present:

there is a very high value marital estate (you’re rich!)
there is one or more complex issues in your divorce (e.g. complex tax or business issues or a special needs child who may need lifetime support – keep in mind this is not a complete list of complex issues) or
there is domestic violence or the threat of domestic violence.

If you have any of those factors, you should NOT use uncontested (or default) divorce.

In such cases, you both need full representation by a traditional divorce lawyer specialist. Such a case should not proceed on an uncontested or default divorce basis.

Keep in mind, though, that almost all Online Divorce Lawyers handle contested and mediated divorces as well as uncontested cases. Online Divorce Lawyer has you covered in contested full-representation cases also.

Now back to the definition of uncontested divorce. There is a more technical definition of uncontested divorce that requires the Respondent (the spouse/partner who does not initiate the divorce) to make a legal appearance in the case and actually tell the court in writing that the divorce will be uncontested.

That specific type of uncontested divorce process is mandatory in all uncontested California divorces if the Respondent is active duty US military. It provides the Respondent with a little more protection in the process.

However, we’ll use the more generic layman’s definition of uncontested divorce. An uncontested divorce is simply a divorce in which there is no Response filed by the Respondent. The Respondent is the party who did not initiate the case at court.

Of course, sometimes an uncontested divorce is just not possible. If you have disputes about issues and those disputes are angry or emotional or high-dollar or if one party (or both parties) is just being unfair, then obviously you can’t use uncontested divorce. That also means you can’t use default divorce.

Again, just like in cases with complex issues, you’re stuck with much more expensive traditional full representation by a California divorce lawyer.

In such cases, you both need full representation by a divorce lawyer specialist and the case should not proceed on an uncontested or default divorce basis. And keep in mind that almost all Online Divorce Lawyers handle contested and mediated divorces as well as uncontested cases. Online Divorce Lawyer has you covered in contested full-representation cases also.

What is Default Divorce?

Continue reading about default divorce below.

To be connected to your local Online Divorce Lawyer, either call 1-800-DIVORCE (1-800-348-6723) or complete and submit the web form below.

Oh yeah! And you’ll never forget your divorce lawyer’s phone number.

So What is a Default Divorce in California?

Default Divorce Process

A default divorce process in California is an uncontested divorce (no disputes) in which a non-military Respondent is served with the Petition (and other documents, depending on the facts of the case) that was filed at court to commence the case.

The Petition tells the court and the Respondent what the Petitioner is requesting in the divorce.

Service of process (officially presenting the filed Petition, and usually other docs too) to the Respondent commences the mandatory California 6-month waiting period for the divorce to become final.

That service of documents usually occurs either by the physical direct presentation of the docs to the Respondent or the mailing of them to the Respondent who signs a specific document acknowledging that s/he has been served. The service of docs must be performed by an adult who is not the Petitioner.

Then 31 days must pass from the date of service of docs without the Respondent filing a Response to contest the case. That is often referred to as the California default divorce timeline or “default period.”

On the 31st day, or beyond, the Petitioner can file a Request to Enter Default as well as a proposed Judgment.

This description of default divorce is simplified. There are many other Judgment-connected docs also filed. We’re definitely keeping this simple.

Then, in due course, depending on how efficient your local Family Court is, the Respondent’s default is entered and later the Petitioner’s proposed default judgment is either approved by the court or rejected for some reason, which will be specified.

The Respondent’s “default” is that s/he has been served and did nothing legally to object. And yes, it does sound to a layman like something bad. The word, “default” has a bad connotation. But in fact, in an uncontested California divorce, default is what you want!

That is essentially (and very simply) what the California default divorce process consists of:

file the Petition;
serve it on the Respondent;
wait 31 days;
the Respondent does nothing during those 31 days;
submit the default and proposed judgment papers;
the judge approves and signs the proposed Judgment.

True Default or Default With Agreement

There is one further distinction that should be described, even in a simple description of the default divorce process in California.

A default divorce may be either a “true” default or a default with agreement. If the parties have a signed written agreement in which all issues are agreed, the divorce proceeds as a default with agreement. If they do not have a written agreement, the divorce proceeds as a true default divorce.

Be sure to ask your local Online Divorce Lawyer to explain the default divorce process in California and how it will be used in your own California uncontested divorce.

Check Your Options for an Uncontested Divorce in California

Option	Cost	Quality
Do-It-Yourself	$0 in money; but what are the costs to you of hours spent standing in line at self-help or trying to figure it out online, which is practically impossible in 2024?	Low Quality; No Professional Guidance; No Complete Instructions Available; Time Consuming; Many Rejections of Your Documents by the Court; Frustrating; Very Difficult to Accomplish in 2024 and Beyond; If You Fail (you probably will), You’ll Have To Hire Someone Below and They Will Know That You Have Some Problem in Your Case and Will Charge You Much More Than Their Regular Fee; California DIY Divorce is FALSE ECONOMY
Cheap Online Divorce Mills – Incompetent, Fraudulent and Mostly Out-of-State	$139-$1100 – but you’ll NEVER get through at $139 – that just gets you in the door so that the up-selling can begin. Also hidden monthly fees – they hit your credit card every month. So they make sure your case is delayed as long as possible.	Unlicensed; Unregulated; Low Quality Work; No Legal Advice Provided; No Accountability; Most Located Out-of-State or in India; Lots of Fraud, Trickery and Up-Selling; Lots of Mistakes That Affect Your Legal and Economic Rights for Many Years; No Local Knowledge; They Get Paid Monthly – So They Purposefully Slow Down Your Case So That They Get Paid More
Expensive Online Divorce Mills – Mostly in California; Fronted by Lawyers, but NOT Law Firms	$1400-$4500; “Teaser” get-em-in-the-door fees as low as $275-$400, but those packages are incomplete and will NOT get you divorced. Those packages just start the up-selling.	Not Lawyers; No Legal Advice; High Quality and Good Local Knowledge; Everything Aggressively Upsold – Including the Traditional Lawyers Who Own the Place. Examples: Hello Divorce, divorce.com and AIdivorce.legal
Local Online Divorce Lawyer	$700-$2000; new option; has attracted more competitive, creative, problem-solving divorce lawyers	High Quality; No Fraud; Full Accountability; Licensed Professional; Local Knowledge; Cost Effective: Uses Lawyer Only Where Needed; Scale-able As Needed; Deals With Problems That MIGHT Arise but Does NOT Require You To Pay High Fees Automatically In Case Something MIGHT Happen; If Your Case Remains Uncontested, You Know Your Cost Up Front
Local Divorce Lawyer -Traditional Full Representation	$3500-$7500++ PLUS $300-$400 per hour after they burn off the retainer	High Quality; No Fraud; Full Accountability; Licensed Professional; Local Knowledge; Convenient; At Least 4X Overpriced

See Online Divorce Lawyer in Action

You might think that if an online divorce provider had wicked-cool online divorce software, it would show that app to you before you hire them. Right? They should want to show their prospects anything that would increase the chances of getting hired.

So why don’t Hello Divorce, divorce.com and AIdivorce.legal, show you their software in action? We don’t know.

They are our more expensive NON-LAWYER competitors for uncontested divorce,

Maybe they don’t have any online divorce software. Maybe all they have is an online form to gather your information. That’s easy, and it’s NOT online divorce. Maybe they don’t have the automated document generation software that makes your divorce go smoothly and quickly.

Maybe your personal data is being cut and pasted onto forms by someone’s granny in Calcutta or Mexico City. Imagine that. Again, if these NON-LAWYER providers have actual online divorce software, why don’t they show it to you?

Hello Divorce claims that they have online divorce software. They show you a video that claims it will show you their online divorce software. But all it shows is an online form to gather your data. Where’s the actual software that creates fully prepared ready-to-file documents immediately and without human error?

As far as we are aware, Online Divorce Lawyer is the only online divorce service that shows you our app BEFORE you hire an Online Divorce Lawyer. So, with Hello Divorce, you don’t get a lawyer for $1500-4500 and they don’t show you their app in advance. At Online Divorce Lawyer, you get a lawyer and bulletproof wicked-cool software for flat fees in the range of $700-$2000.

Take a look at our actual software at work in the following video.