Index: All Pages

Default with agreement

If you and your spouse or domestic partner are already in agreement about all of the decisions you need to make about property division, financial support, and the care of your children (if you have them), it’s possible to complete your divorce or legal separation without you ever filing a response.

You and your spouse can agree to a default divorce or legal separation

If you don’t file a response to divorce or legal separation papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.

A default with agreement means you don't have to respond, but you and your spouse do need a written agreement.

But in a divorce or legal separation by default with agreement, you don't file a response, and when your spouse requests a default, they give the court a written agreement that you and your spouse have written up. The court then decides based on your agreement and what the law says.

You and your spouse need to work together

Share financial information

You must share complete and up-to-date information about your finances with your spouse. This is called financial disclosure.
Write up your agreement
Once you reach an agreement, you need to:
- Write out the agreement
- Both sign the agreement
- Have the agreement notarized
  
  Your agreement needs to say that you both agree to end the marriage and the details you agree to regarding child custody and visitation, child support, property division, and spousal support.
Finalize your divorce

To finish your divorce, you or your spouse must turn in a set of final forms along with your agreement to the court. The court will review these forms to be sure there’s nothing missing. The judge will sign, the papers will be filed, and your divorce is final.

At a glance