Default in a divorce or legal separation

🔗 All court form links open in a new tab.

What a default means

A default happens when:

• You don’t file a Response on time, and

• Your spouse asks the court to finish the case without you.

The judge looks only at what your spouse filed and what the law says. You don’t get to tell your side.

⚠️ Important: A default doesn’t mean your divorce or legal separation is done right away. Your spouse still has to finish more steps, and a judge has to sign the final papers.

What happens if you don’t respond

If you don’t respond:

• Your spouse can move forward without you

• The judge will decide based only on your spouse’s forms

• What your spouse asks for is usually what the court orders

You’ll still be married or in a domestic partnership until the court signs and files the Judgment that ends it.

Read your spouse’s papers carefully

Before you decide not to respond:

• Read every paper your spouse filed.

• Make sure you understand what they’re asking for about money, property, and children.

• If you don’t agree with anything, you should file a Response so you can share your side.

💬 Need help? You can talk to a family law facilitator or a self-help center for free. Find help in your court

Other options to think about

If you and your spouse agree on everything, you may be able to finish your case as a default with agreement.

That means:

• You don’t file a Response, and

• You both give the court a written agreement.

Learn about default with agreement

If you don’t agree on everything, file a Response to protect your rights.

Learn about filing your Response

If your spouse gets a default

Even if your spouse gets a default:

• They still have to turn in more forms to finish the case.

• The judge reviews the papers before signing the Judgment (form FL-180).

• It takes at least 6 months from when you were first served for the divorce to be final.

Check that your case is final

When the court finishes your case, you’ll get a Notice of Entry of Judgment (form FL-190) in the mail.

This form tells you:

• That your divorce or legal separation is done, and

• The date your marriage or partnership ends.

Read the Judgment (form FL-180) and any papers attached to it.

It shows what the court decided about property, child custody, child support, and spousal support.