What is a Divorce by Default in California?

You filed for divorce and your spouse hasn't responded. Now what? California law gives you a path forward, but it's not as simple as "they didn't show up, so you win." There are two distinct types of default divorce in California, and choosing the right one, or understanding which one applies to your situation, makes a real difference in how your case unfolds.

Key terms to know before you start

California divorce uses specific forms and terminology that don't always mean what you'd expect. Before you take any action, make sure you understand what these terms actually refer to.

Here are the core terms and forms you'll encounter:

• Petition for Dissolution of Marriage (FL-100): The form that opens your divorce case. One person fills it out and files it with the court to officially begin the process.
• Response to Marriage/Domestic Partnership (FL-120): The form the served spouse uses to formally participate in the case. It can be used to request different custody terms, challenge proposed support amounts, or raise any other issues.
• True default: A scenario where the respondent never responds and plays no part in the divorce. The petitioner moves forward alone and the court decides all terms.
• Default with agreement: The respondent doesn't file a Response but still participates by signing a written settlement agreement. Both parties have input on the outcome, which makes court review far less intensive.
• Prove-up hearing: A court hearing required in some true default cases where the judge needs to ask questions or verify information before signing off on the final Judgment.

Understanding which category your case falls into will determine exactly which forms you need, how much court involvement to expect, and how much control each of you has over the final outcome.

What is a true default divorce?

A true default divorce happens when your spouse was properly served with the Petition and Summons, the 30-day response window passed, and they still did not file a Response or take any other formal step in the case. At that point, you can file a Request to Enter Default (FL-165), which officially asks the court to acknowledge that the respondent has forfeited their right to participate.

One important nuance: 30 days passing does not automatically lock your spouse out. The clock closes only after the court officially processes your FL-165. In practice, a judgment clerk may take two to four weeks to process the request, meaning your spouse could technically still file a Response before the default is formally entered. If both filings land at the courthouse around the same time, whoever's paperwork is processed first controls what happens next. This is worth knowing if your situation involves any risk of a last-minute Response.

Once a true default is officially entered, your spouse gives up the right to have any say in your divorce. That includes the right to negotiate child custody, weigh in on child support, request or contest spousal support, and contest how debts and property are divided. The court treats a true default with extra scrutiny compared to a default with agreement, because no one is advocating for the other party's interests.

Keep in mind that your proposed terms must match what you originally asked for in the Petition. You cannot use the default process to add requests you didn't include when you first filed. This makes getting the Petition right from the beginning critically important.

What is a prove-up hearing?

In some true default cases, the judge will not simply review your paperwork and sign off. Instead, the court may schedule a prove-up hearing, a brief court appearance where you answer questions about your divorce in person. This typically happens when the proposed judgment is missing information, something in your paperwork is unclear, or the judge wants to confirm that a custody or support arrangement is appropriate before finalizing it without the other party's input.

Before the hearing, review all of your documents carefully and bring them with you. The judge may ask about specific entries on your forms or why you answered certain questions a particular way. Bring everything you filed, organized and ready to reference.

Courts can feel intimidating, especially when you're navigating this alone. If you find yourself anxious about your hearing, our article on lessons learned from Judge Lynn offers practical, calming perspective on what to expect inside a courtroom. Stay calm, speak only when addressed, and never interrupt the judge.

If the hearing goes well, the judge will sign your final documents on the spot. Take them to the clerk in the courthouse and file them immediately. That step closes your case.

How to file for a default divorce in California

California's default divorce process requires several forms filed in a specific sequence. Missing a step or filing in the wrong order can result in rejection or delay. Here's how the process works from start to finish.

• Step 1. File the Petition and Summons. Submit FL-100 (Petition for Dissolution of Marriage) and FL-110 (Summons) at your county superior court. California's statewide filing fee is $435 to $450. If cost is a barrier, you can apply for a fee waiver using Form FW-001 at the same time.
• Step 2. Serve your spouse. An adult who is not a party to your case must deliver the Petition, Summons, and a blank FL-120 form to your spouse. After service is complete, that person must fill out and file a Proof of Service Summons (FL-115).
• Step 3. Complete financial disclosures. You must fill out and serve the Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150), and Schedule of Assets and Debts (FL-142). These are required even in default cases. File the Declaration Regarding Service of Disclosure (FL-141) to confirm your spouse received them. Skipping this step will cause your judgment to be rejected.
• Step 4. Wait 30 days. Your spouse has 30 days from service to file a Response. You cannot take the next step until this window has passed. Use this time to prepare your judgment packet.
• Step 5. File the Request to Enter Default (FL-165). If no Response has been filed, submit this form to officially ask the court to enter the default. Once the court processes and stamps it, your spouse can no longer file a Response without the court's permission.
• Step 6. Submit your judgment packet. File the Property Declaration (FL-160), Declaration for Default or Uncontested Dissolution (FL-170), Judgment (FL-180), and Notice of Entry of Judgment (FL-190). If you are requesting spousal support, attach FL-343, FL-157, and FL-435. For property division orders, include FL-345.
• Step 7. Wait for the court's decision. The clerk will tell you whether the judge can sign your paperwork as submitted or whether you'll need to attend a prove-up hearing. Either way, once the judge signs the Judgment of Dissolution, your divorce becomes final, subject to California's mandatory six-month waiting period from the date of service.

If any of these steps feel overwhelming, Hello Divorce's online divorce plans can guide you through the paperwork from start to finish, with support from account coordinators who know California's court requirements inside and out.

What is default with agreement?

The default with agreement path is by far the most common route for couples who want an amicable, cost-effective divorce in California. Like a true default, the respondent does not file a Response. Unlike a true default, both spouses work together to reach a complete settlement, and the respondent signs the written agreement at the end of the process.

This matters for two important reasons. First, because both parties are participating, the court gives far less scrutiny to the proposed terms. There is no concern that one spouse is being steamrolled. Second, skipping the Response form is actually a strategic choice many couples make intentionally. Filing a Response triggers an additional $435 to $450 filing fee for the respondent, which adds up. When both people agree on the outcome, paying that fee often isn't necessary.

This is also the path best suited to divorce mediation. If you and your spouse are working with a mediator to hammer out the details of property, custody, and support, you can then document that agreement in writing, have it signed, and proceed through the default with agreement process without any contested court hearings.

If you're exploring your options and aren't sure whether your situation qualifies as uncontested, our guide to contested vs. uncontested divorce walks through the key differences and what to expect from each.

True default vs. default with agreement: a comparison

These two paths share the same starting point, no Response from the respondent, but they lead to very different experiences. Here's a side-by-side look at the key differences.

Have questions about your specific situation?

Talk with a Hello Divorce account coordinator at no cost. We can walk you through the forms, your timeline, and what to expect, so you feel confident about every step ahead.