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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

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

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

But in a divorce 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.

Default legal separation

You do the same steps to get a default divorce or legal separation, but if it's a legal separation at the end you will be legally separated and not divorced.

You and your spouse need to work together

These are the steps you'll need to take for a default with agreement divorce:

Share financial information

You must share complete and up-to-date information about your finances with your spouse. This is called 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