Default Judgment in California Divorce
Spouse ignoring the divorce papers? Learn how to move your case forward with a proven roadmap—from the 30-day deadline through final enforcement.
Jump to the 7-Step Checklist
Overview
A default judgment occurs when one spouse (the respondent) fails to file a Response within 30 days after valid service of the Petition. California courts allow the filing spouse (the petitioner) to request that the clerk “enter default” using Judicial Council form FL-165, then proceed to judgment without further participation from the respondent. This page explains who qualifies, the exact paperwork sequence, and how to protect your orders from future challenges. Whether you plan to handle the process without an attorney or simply want to understand the timeline, the guidance below offers practical, statute-based steps you can follow today.
Who Qualifies for a Default Judgment?
California Family Code sets a simple—but strict—list of prerequisites before you can ask the clerk to enter default:
- Valid personal or substituted service of process using form FL-115 or FL-117.
- At least 30 calendar days have elapsed since service (do not count the service date).
- No FL-120 Response, Appearance, Stipulation, or Waiver on file.
- All filing fees paid or an approved fee waiver (FW-003).
- Preliminary financial disclosures completed (FL-140, FL-142, FL-150).
Miss one item above and the clerk will reject your FL-165. The respondent may still appear later, so precision matters.
Seven-Step Default Judgment Checklist
- Wait until Day 31. Verify no Response is on file and confirm filing fee status.
- FL-165 Request to Enter Default. Complete items 1–6, attach a stamped envelope addressed to respondent, and sign under penalty of perjury.
- Prepare Judgment Packet. Always include FL-180 Judgment cover plus any parenting, support, and property attachments.
- Optional Hearing Request. Use FL-170 Declaration if you want spousal support or child custody orders beyond the Petition’s prayer.
- File with Clerk. In most counties, you can file FL-165, FL-170, and FL-180 together. Los Angeles requires a two-step process—default first, judgment later.
- Serve Filed Copies. Mail conformed copies to the respondent and complete FL-335 Proof of Service by Mail.
- Wait for Clerk Review. Processing averages 2–4 weeks. You will receive a filed-stamped FL-190 Notice of Entry of Judgment when complete.
| Scenario | Include These Forms |
|---|---|
| No children / no property | FL-165, FL-170, FL-180, FL-190 |
| Children but no support orders | Above + FL-342 Child Support Attach., FL-341 Parenting Plan |
| Property division / spousal support | Above + FL-345 Property Order, FL-343 Spousal Support Order |
Default Judgment Countdown
Response deadline:
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Eligible to request default:
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Service & Mailing Rules
Even in a default scenario, California requires every document you file after the Petition to be served on the respondent. Most petitioners use FL-335 Proof of Service by Mail; substitute FL-330 Proof of Personal Service if you hire a process server for post-petition papers. Remember these mailing best practices:
- Use first-class or Certified Mail with a signed return receipt.
- Mail from within California to avoid extended Civil Procedure §1013 time-additions.
- Have someone 18+ other than you complete and sign FL-335.
- File the original proof with the court and keep a conformed copy.
What Happens After You File
Processing times vary by county. Sacramento families often receive the stamped FL-190 within two weeks, while Los Angeles can take six. During review, clerks confirm signatures, fee status, and the presence of required attachments. If everything checks out, you’ll receive:
- FL-190 Notice of Entry of Judgment—marks your legal termination date.
- Filed copy of FL-180 Judgment with all exhibits.
- Filed Earnings Assignment (FL-195) if support orders exist.
Retain multiple certified copies for name-change updates at Social Security and DMV. If 60 days pass with no response, call the clerk; some packets sit in “deficiency” bins awaiting minor corrections.
Setting Aside a Default Judgment
California law recognises that mistakes happen. A respondent can ask the court to vacate default by citing either Civil Procedure §473(b) (mistake, inadvertence, surprise, or excusable neglect) or Family Code §2122 (more serious fraud or duress). Relief is not automatic:
- 6-month deadline: For §473(b) requests. File FL-370 within six months of entry of judgment.
- 2-year deadline: For fraud or failure to disclose under §2122. File FL-371 with supporting declaration.
- Beyond 2 years: Only narrow equitable grounds like extrinsic fraud or lack of actual notice.
Courts balance finality with fairness, so strong evidence (e.g., hospital records proving incapacity or texts showing settlement talks) is essential. If your clock is running out, file FL-306 Request for Order Shortening Time so the judge hears your motion before the statutory period closes.
Enforcement Options Once Judgment Is Final
A default judgment carries the same legal weight as any contested decree. Common enforcement tools include:
- Earnings Assignment Order (FL-195): Triggers direct wage withholding for support payments.
- Abstract of Judgment: Creates a lien on real property the respondent owns in California.
- Bank Levy: Sheriff’s levies under Code Civ. Proc. §699.510 for unpaid equalization payments.
- QDRO: Splits retirement accounts; submit promptly to avoid plan-administrator delays.
For step-by-step procedures, see our enforcement options guide.