Default in a divorce case

If you don’t file a Response on time, your spouse can ask for a default. This means asking the court to decide the case without your input.  

The case can move forward without you  

The court will make decisions based on the information from your spouse, and what the law says, without hearing your side.  

A default doesn’t mean your divorce happens right away. Your spouse will need to complete more steps and a judge will need to sign the final papers.

What your spouse asks for is likely what the court will order

Read the papers your spouse files carefully. This is the information the court will have to make its decision.

Learn more about your options before deciding to not respond

If you don’t respond, follow your case to make sure your divorce is final 

A default doesn’t mean your divorce happens right away. It takes at least 6 months from when you first got the Petition for a divorce to finish. Your spouse will need to complete more steps and a judge will need to sign the final papers (the Judgment). 

  1. Confirm you’re divorced 

The court will mail you a Notice of Entry of Judgment (form FL-190). The date your relationship legally ends or ended is in a box on the middle of the Notice of Entry of Judgment

  1. Review your Judgment 

Review the Judgment (form FL-180) and any attachments to it. It says what the court ordered about your property, care of any children in common, and support. 

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