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.

 

Jump to section

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:

  • How to divide property and debts

  • Whether anyone pays spousal support

  • Parenting time and decision-making (if you have children)

  • 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

  • Timing: Not filing a Response is part of this option. Make sure you truly agree on all issues first.

  • Honesty: You must each share complete and current money information (this is called financial disclosure).

  • Signatures: Your agreement must be signed by both of you. Some courts or forms may need a notary.

Steps at a glance

  1. Share financial information (disclosures)

  2. Write and sign your agreement

  3. Finish your case by filing final papers with your agreement

  • Share financial information 

    You and your spouse must exchange full, up-to-date money information. This is required.

    • Income, expenses, property, and debts

    • Use the standard disclosure forms

    • Keep copies for your records

    Learn how to share financial information

  • Write and sign your agreement 

    Put your full agreement in writing. Be clear and specific.

    Include:

    • That you both agree to end the marriage or domestic partnership

    • How you’ll divide property and debts

    • Spousal support (who pays, how much, and for how long), or that no one pays

    • Parenting plan (custody and visitation), if you have children

    • Child support details, if you have children

    Then:

    • Both of you sign the agreement

    • Notarize if a form or your court requires it

    Learn how to write an agreement

  • Finish your divorce

    Turn in your final set of forms with your signed agreement.

    What happens next:

    • The court reviews your papers

    • If nothing is missing, the judge signs

    • The clerk files the order

    • Your divorce or legal separation is final

    Learn how to finish your divorce

💬 Need help?

You can talk to your local self-help center for free help with forms and process.

Find help in your court

Key takeaways

  • Default with agreement means: no Response, but yes to a joint written agreement.

  • You must exchange financial disclosures.

  • Your agreement should cover every issue (property, support, and—if you have kids—parenting and child support).

  • File your final papers + agreement to finish.

  • Ask the court or check your forms to see if notarization is required.

success alert banner:

Have a question about Divorce?

Look for a "Chat Now" button in the right bottom corner of your screen. If you don’t see it, disable any pop-up/ad blockers on your browser.