How to File for a Default Divorce in California When Your Spouse Refuses to Sign

When a marriage ends, getting your spouse to cooperate is not always possible. Whether your ex is intentionally ignoring your court papers or they have completely disappeared, you might feel stuck. The good news is that California is a strict "no-fault" divorce state. This means that one person's refusal to participate cannot force the other person to stay married. If your spouse will not sign the paperwork or respond to your petition, you can proceed with a default divorce.

This comprehensive guide explains the step-by-step process of securing a default divorce in California. We will explore the differences between a true default and a default with an agreement, how to handle property division, and what forms you need. Because navigating family court rules can be overwhelming, you can easily find a qualified local family law attorney in our US Lawyer directory to guide you through the process.

Step-by-Step Process in California

Whether you reside in Los Angeles, San Diego, or San Francisco, all divorce cases in California are handled by the local Superior Court. Filing for a default divorce requires strictly following the court's deadlines and procedures.

Step 1: Filing the Initial Petition

Your case begins by filing a Form FL-100 (Petition) and Form FL-110 (Summons) with the Superior Court. On the Petition, you will list your requests regarding property division, child custody, and spousal support. It is critical to be incredibly detailed here. In a true default case, the judge can only give you exactly what you asked for in this initial document. You cannot add new requests later without starting the process over.

Step 2: Serving Your Spouse

After filing, you must legally serve your spouse with the papers. This is usually done by having a third party (like a professional process server or the county sheriff) hand the documents to them. Once served, your spouse has exactly 30 days to file a formal response (Form FL-120) with the court.

Step 3: What if Your Spouse is Missing?

If you cannot find your spouse to serve them, you cannot simply skip this step. You must prove to the court that you made every reasonable effort to locate them (called "due diligence"). If they are truly missing, you can file a request for Service by Publication or Service by Posting. If the judge approves, you will publish a notice of the divorce in a local newspaper. Once the publication period ends, the 30-day clock begins.

Step 4: True Default vs. Default with Agreement

If the 30 days pass and your spouse has not responded, your case moves into the default phase. There are two types of default under California law:

True Default: Your spouse completely ignores the case. They do not respond, and they do not sign a settlement agreement. You will proceed alone, and the judge will generally base their final decisions solely on what you requested in your Petition.
Default with Agreement: Your spouse does not file a formal response with the court (often to save the $435 filing fee), but they do sign a written, notarized settlement agreement with you. The court will review and typically approve your agreed-upon terms.

Step 5: Filing the Request to Enter Default

To officially ask the court to move forward without your spouse, you must file a Form FL-165 (Request to Enter Default). Along with this form, you will submit your proposed final Judgment (Form FL-180) and any required financial disclosures. If child support is involved, the Department of Child Support Services Los Angeles (or your local county branch) may be looped into the case to ensure state guidelines are met.

Dividing Property Without Your Spouse

California is a community property state, meaning most assets and debts acquired during the marriage are split 50/50 under Cal. Fam. Code § 2550. If you are proceeding with a True Default, you must list all community property and propose an equal division in your initial Petition. If you fail to list a specific bank account, pension, or piece of real estate, the judge cannot divide it for you in a default judgment. You must be completely transparent, providing the court with a Form FL-160 (Property Declaration) to prove the proposed division is fair and equal.

How Much Does it Cost in California?

A default divorce is generally less expensive than a contested trial, but costs still apply. Here is a breakdown of what you might expect to pay in a California Superior Court:

How Long Does the Process Take?

No matter how fast you file your paperwork, California has a mandatory 6-month cooling-off period under Cal. Fam. Code § 2339. The absolute fastest you can be legally divorced is six months and one day from the date your spouse was served (or the date publication was completed). In a default case, the judge may sign your final judgment before the six months are up, but you will not be officially single until that six-month date arrives.

Frequently Asked Questions (FAQ)