What You Need to Know About a Default Divorce in California
California has a specific process on how to get a default divorce. Here’s everything you need to know about a default divorce judgment in California.
To get a default divorce in California, a spouse will have to not respond to a petition of divorce, and/or come up with an agreement with their partner about the separation. The couple will then need to fill out a variety of forms, and then complete the final Declaration of Disclosure.
What Does it Mean to Get a Default Divorce in California?
For a California divorce case to be considered “default”, a spouse must not file a response within 30 days of being served their partner’s petition. This is a “true default” case, meaning that the individual is giving up their right to have any say in the divorce or legal separation. A case can also be considered “default” if the individual receiving the divorce petition does not file a response, but is able to come to an agreement with their partner.
Related: Default with Agreement and Uncontested Divorce: The Difference
How to Get a Default Divorce Judgment in California
While one can get a true default divorce and choose not to respond to the petition, it is advised that the partners come to some sort of agreement. This agreement can include anything, from an end to the marriage, to how to split up property, to child custody.
Related: How to Get an Uncontested Divorce in California
Steps to Completing a Default Divorce With an Agreement (Without Filing a Response)
1. Write Up The Agreement
It is important that when coming to an agreement, each individual understands what they are agreeing to. Each spouse should read over the document before signing, and talk through any questions that arise. The couple should also get information on child custody, visitation, and spousal support.
The written agreement must be notarized, and both partners should have a full understanding of the agreement before signing. It is advised to talk to a divorce attorney before signing the agreement.
2. Fill Out Final Forms
The partner petitioning for divorce must be the one to turn in all final forms to the involved court. Additionally, they must include any other orders they would like the court to make about property and debt, child custody and visitation, and spousal or partner support.
Fill out the following forms:
- Request to Enter Default (Form FL-165) or an Appearance, Stipulations, and Waivers (Form FL-130)
- Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170)
- Judgment (Form FL-180)
- The written, notarized agreement between spouses should be attached to this form.
- Notice of Entry of Judgment (Form FL-190)
- Declaration Regarding Service of Declaration of Disclosure (Form FL-141). If one chooses to waive the final declaration of disclosure, they should fill out a Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144) instead.
There are other forms pertaining to child custody, local forms, property, etc. One should reach out to a divorce attorney to discuss which additional forms are needed.
After all the forms are completed, the petitioning partner should make at least two copies of each form and turn in all documentation (with two large envelopes) to the court clerk.
3. Complete the Final Declaration of Disclosure
Partners may have to prepare and serve a final Declaration of Disclosure. This declaration will use the same forms as the preliminary declaration, and may contain updated information.
There are three instances in which one would NOT need to file a final Declaration of Disclosure:
- Both partners agree to waive
- A court order is given waiving the receipt of one partner’s declaration
- The partner not petitioning for divorce does not respond to the petition and no agreement is made
If both partners agree to waive the declaration, fill out the Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144).
In order to prepare a final Declaration of Disclosure, fill out these forms:
- Declaration of Disclosure (Form FL-140)
- Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160)
- Income and Expense Declaration (Form FL-150)
- On a separate sheet of paper, write:
- A statement of how the estimated value of all assets (partly or all community property) was calculated
- A list of all the assets and debts that one’s partner is liable for
- A list of investment opportunities since being separated
Once these forms have been completed and sent to one’s partner, the petitioning partner must file the Declaration Regarding Service of Declaration of Disclosure (Form FL-141) with the court.
FAQs About Default Divorce Judgement in California
How much does a default divorce in California cost?
Many courts in California have a $435 filing fee, but fees differ for certain situations. Find out how much your filing fee will cost, or ask for a fee waiver.
Is it possible to get a default divorce in California without a lawyer?
California law does not require a lawyer to be hired for a default divorce. However, it is suggested that spouses hire a divorce attorney to help them with their agreement and any questions that they may have.
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If you or a loved one needs legal advice for a default divorce judgment in California, get your free consultation with one of our experienced California divorce attorneys today!