Navigating Divorce in California: Understanding the Request to Enter Default

In this post we explain What a Request to Enter a Default in a California Divorce Is, Why One Would Do It, and How One Doest It.

When filing for divorce or legal separation in California understanding the process is crucial. If your spouse doesn’t respond to the petition, you might be considering seeking a default judgment.

What is a Request to Enter a Default in a California Divorce Case?

In a California dissolution (divorce) case, a Request to Enter Default is made on form FL-165. It is a document filed with the court when one spouse (the petitioner) is seeking a divorce, and the other spouse (the respondent) has not filed a response or otherwise participated in the case within the required timeframe. Essentially, it asks the court to acknowledge that the respondent has failed to respond and is therefore in default, allowing the petitioner to proceed with the divorce process without the respondent’s input.

When Can One Request the Court Enter the Ex Spouse’s Default?

• When a divorce is initiated in California, the petitioner serves the respondent with the Petition (FL-100) and the Summons (FL-110).
• Response Deadline:

  The respondent typically has 30 days to file a Response (FL-120) with the court, indicating their intent to participate in the divorce proceedings. 
• Failure to Respond:

  If the respondent does not file a response within the 30-day period (and there’s no written agreement), the petitioner can file a Request to Enter Default. 

What is the Process to Obtain an Entry of Default?

In California, if a spouse doesn’t respond to a divorce or legal separation petition after being properly served, the petitioner can request a default. This allows the court to make orders regarding the marriage without the non-responsive party’s direct participation. However, if financial disclosures haven’t been filed by both parties, this can complicate matters. Courts often require full financial transparency before finalizing a divorce, even by default.

It’s important to know that a default judgment can potentially be set aside, especially if proper procedures weren’t followed or if there’s a valid reason for the the other party’s failure to file a response. This can lead to delays and additional legal costs.

Before seeking a default, consider these steps:

1. Ensure Proper Service: Confirm your spouse was legally and correctly served with the divorce or legal separation papers. One must submit a proof of service to the Court. Even so if you have the ability to reach your ex, then communicate with them.
2. Attempt Communication: While not legally required for default, attempting to communicate with your spouse about their non-response can sometimes resolve the issue amicably and avoid further legal action. If they refuse to file a response you would ideally have written communications to them explaining that you served them and explaining the ex’s obligation to file a response. These letters, emails or texts can support your argument that the default should be entered and if your ex later objects help you, if you choose, argue that the default should not be set aside.
3. Financial Disclosures: Even in a default scenario, California courts prioritize full financial disclosure. You must complete and file your financial declarations and you must file with the Court a declaration that you have sent your financial disclosures to your ex. For more information on financial disclosures see Section Two of this article on the process of divorce.
4. Consider Whethe You Should Amend Petition: If you initially filed for legal separation but now want a divorce, or if you failed to include a request for spousal support or child custody orders or child support, amending your petition might be a necessary step before proceeding with a default. If you have not requested all the orders you desire the Court to make in your petition, the Court cannot easily grant them.
5. File and Serve Your Request to Enter Default  If the respondent does not file a response within the 30-day period (and there’s no written agreement), the petitioner can file a Request to Enter Default. You’ll need to file a Request to Enter Default (Form FL-165) with the court. And you will need to serve your ex with the Request to Enter Default. You can serve the Request to Enter Default by having someone over 18 deliver the form to your ex. Then, you would file proof of personal service (Form FL-330). You can have someone over 18 mail the form to your Ex. Then you would file proof of mail service (Form FL-330). Pro Tip: Have the Request to Enter Default personally served. This will decrease the ability of your ex to claim they did not receive the form.

Need assistance with your California divorce or legal separation, including default judgments?

Undertaking a request to enter a default in California divorce cases can be complex, and understanding the nuances is key to a smooth process.

You don’t have to navigate this complex legal landscape alone. Our firm understands the intricacies of California family law. You can hire us to be your Attorney of Record of course. But we can also help you with specific tasks, such as drafting the necessary pleadings to request a default judgment. Hiring an attorney for limited-scope representation can be a more affordable way to ensure your legal documents are prepared correctly.

Contact Attorney Galen Gentry, who has over 30 years of experience in California family law, to discuss your options and ensure your rights are protected. Call us today for a  free consultation at 310 282 7521 or contact us here.