Default with agreement
If you and your spouse (or domestic partner) agree on everything—property, money support, and parenting—you can finish your divorce or legal separation without filing a Response.
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What “default with agreement” means
If you don’t file a Response, your spouse can ask the court for a default. In a default, the court decides the case without hearing from you.
A default with agreement is different. You still don’t file a Response, but both of you give the court a written agreement. The judge makes the final order based on your agreement and California law.
✅ Bottom line: You don’t respond, but you do make and submit a written agreement together.
Is this a good option for you?
Choose this option only if both of you agree on:
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How to divide property and debts
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Whether anyone pays spousal support
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Parenting time and decision-making (if you have children)
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Child support (if you have children)
⚠️ Important: If you don’t agree on everything, don’t use default with agreement. Use a different path where you file a Response.
Before you start
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Timing: Not filing a Response is part of this option. Make sure you truly agree on all issues first.
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Honesty: You must each share complete and current money information (this is called financial disclosure).
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Signatures: Your agreement must be signed by both of you. Some courts or forms may need a notary.
Steps at a glance
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Share financial information
You and your spouse must exchange full, up-to-date money information. This is required.
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Income, expenses, property, and debts
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Use the standard disclosure forms
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Write and sign your agreement
Put your full agreement in writing. Be clear and specific.
Include:
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That you both agree to end the marriage or domestic partnership
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How you’ll divide property and debts
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Spousal support (who pays, how much, and for how long), or that no one pays
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Parenting plan (custody and visitation), if you have children
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Child support details, if you have children
Then:
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Finish your divorce
Turn in your final set of forms with your signed agreement.
What happens next:
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The court reviews your papers
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If nothing is missing, the judge signs
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The clerk files the order
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Your divorce or legal separation is final
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💬 Need help?
You can talk to your local self-help center for free help with forms and process.
Key takeaways
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Default with agreement means: no Response, but yes to a joint written agreement.
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You must exchange financial disclosures.
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Your agreement should cover every issue (property, support, and—if you have kids—parenting and child support).
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File your final papers + agreement to finish.
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Ask the court or check your forms to see if notarization is required.
Respond to divorce papers