California Default Divorce — What to Do When Your Spouse Won't Respond (2026)

You've filed for divorce. Your spouse was served. The 30-day response deadline has passed. Now what?

In California, you can proceed to a default divorce — finalizing the divorce without your spouse's participation.

What Is a California Default Divorce?

A default occurs when the respondent (your spouse) fails to file a response within 30 days of being served (35 days if served by mail). Once default is entered, you can proceed to finalize the divorce on the terms you propose.

Step-by-Step: California Default Divorce

Step 1 — File and Serve

File your FL-100 and FL-110 at the Superior Court. Serve your spouse through personal service, certified mail, or — if they can't be found — service by publication.

Response deadline: 30 days after personal service (35 days if served by mail).

Step 2 — Wait for the Deadline

After the deadline passes with no response, you can move forward.

Step 3 — File Request to Enter Default (FL-165)

File Form FL-165 (Request to Enter Default) with the court. This formally asks the court clerk to note that your spouse defaulted. Attach your proof of service (FL-115).

The clerk enters the default, which prevents your spouse from filing a late response without permission.

Step 4 — Complete Your Judgment Forms

Prepare your proposed FL-180 Judgment with the terms you're requesting. In a default, you propose the terms — the judge reviews whether they're reasonable.

Be reasonable. Judges scrutinize default judgments to ensure they're not unfairly punishing the absent spouse.

Step 5 — Wait Out the 6-Month Period

If 6 months and 1 day haven't passed since service, you must wait. The waiting period applies to default divorces just like agreed ones.

Step 6 — Submit Default Judgment Package

File:

• FL-165 (Request to Enter Default) — if not already filed
• FL-170 (Declaration for Default or Uncontested Dissolution) — your sworn statement
• FL-180 (Judgment)
• Any support or property orders
• FL-141 (Declaration of Service of Disclosure) — even in defaults, you must serve financial disclosures on your spouse

Step 7 — Court Reviews and Signs

The court reviews your package. In most uncontested default cases, the judge signs without a hearing. Some counties require a brief appearance — check with your county.

Step 8 — File Signed Judgment

Get certified copies. Your divorce is final.

Service by Publication (Spouse Can't Be Found)

If you genuinely cannot locate your spouse after a diligent search, California allows service by publication:

1. File a motion asking the court for permission to serve by publication
2. Show the court you conducted a diligent search (document every attempt)
3. Court signs an order authorizing publication
4. Publish notice in a newspaper of general circulation in the county where your spouse last lived
5. Publication typically runs once a week for four consecutive weeks
6. Cost: $200–$400 in newspaper fees

After publication, your spouse has 30 days to respond. If no response, proceed to default.

Can My Spouse Challenge the Default Later?

Yes — within 6 months of the default Judgment being entered, your spouse can file a Motion to Set Aside Default if they can show:

• Mistake, inadvertence, surprise, or excusable neglect
• They were never properly served

After 6 months, relief is much harder to obtain. This is why proper service is critical — a default judgment obtained through improper service can be set aside years later.

Timeline and Cost

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.