Should You Use 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. 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.

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

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.

However, we’ll use the more generic layman’s definition of uncontested divorce, which is simply that there is no Response or legal dispute filed by the Respondent, the party who did not initiate the divorce.

Of course, sometimes an uncontested divorce is just not possible. If you have disputes about issues and those disputes are emotional or high-dollar or if one party (or both parties) is just being unfair, then you can’t use uncontested divorce, which also means you can’t use default divorce. You’re stuck with much more expensive traditional full representation by a California divorce lawyer.

In fact, not only under those circumstances, but if you have a very high value marital estate (you’re rich!) or a complex divorce (e.g. complex tax or business issues) or if your situation involves either domestic violence or threats of domestic violence, you should not use uncontested (or default) divorce. 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.

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 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.

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 California uncontested divorce.

Online Divorce Lawyer and Default Divorce Availability in California

Online Divorce Lawyer service, including the desirable default divorce process, is available in ALL major cities in California, including: Garden Grove, Pomona, Orange, Santa Clarita, Ontario, Costa Mesa, Irvine, Palmdale, Rancho Cucamonga, Corona, Lancaster, Fontana, Riverside, Rialto, Oxnard, San Bernardino, Ventura, Victorville, Murrieta, Temecula, Oceanside, Carlsbad, Escondido, Bakersfield, San Diego

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