Filing for divorce is never easy, but it can feel even more stressful when the other person doesn’t respond. You fill out all the paperwork, serve your spouse the documents, then wait, and nothing happens. If you’re stuck in that place, wondering if you can still move forward, you’re not alone. This kind of situation is what we call a default divorce.
A default divorce happens when one spouse files and the other simply doesn’t reply. Even though it might feel like things are stuck, the process can still go on. Knowing the steps ahead can help you stay focused and avoid common frustrations. Let’s walk through what to expect, how to prepare, and what happens when your spouse decides not to take part.
What Is a Default Divorce and How Does It Work
A default divorce means one person filed, but the other didn’t respond within the required time. In California, once divorce papers are served, the person who received them usually has 30 days to respond. If they don’t and no extension is requested, the court can move the case forward without them.
From that point on, the court sees it as a one-sided process. That doesn’t mean everything requested will be automatically approved, but you no longer have to wait for input from your spouse. The court reviews your filing and makes decisions based on what you asked for, along with any required documents. It’s still a legal process, but it can move ahead without the back-and-forth.
Default divorces are more common than many people expect. Sometimes a spouse may refuse to participate out of anger or denial. Other times, they may not keep up with their mail or simply hope the process will go away if ignored. Regardless of the reason, the law provides a way forward so that you are not forced into endless waiting.
Filing for Divorce When You Expect No Response
Starting a divorce with no real involvement from your spouse can feel uncertain. But being prepared from the beginning makes the process smoother. Here are a few things we suggest:
• Gather and organize all documents before filing, especially anything dealing with property, finances, or parenting.
• Follow each step in the filing process exactly as required by California law, including delivering the paperwork the right way and keeping proof that your spouse received it.
• When there’s a good chance your spouse won’t respond, having legal guidance up front can keep you from missing something and help you make strong first choices.
Taking time to go over the process before filing can give you more control. Double-check your paperwork and keep a copy of everything you submit. Small mistakes early on can cost you time and energy later.
When you expect a default divorce from the start, your first filings matter even more since they shape the outcome. Every form should be filled out completely and accurately, and your requests should clearly state what you want regarding property division, custody, and support. If you ask for everything you need in your initial filing, the court can review those requests even without input from your spouse.
What Happens After You File and Your Spouse Still Doesn’t Respond
After your spouse gets the papers, you’ll have to wait out the 30-day response window. If nothing comes back, you can then request a default. From there, the next steps may include:
• Asking the court to enter default, which officially confirms there’s been no response
• Submitting your financial disclosures if you haven’t already
• Scheduling a court hearing or filing a request for judgment, depending on what’s needed in your case
During judgment, especially in default divorce cases, the court looks at what you asked for in your paperwork. Whether it involves property division, parenting time, or support, a judge reviews the details and makes decisions based on what’s fair, even without input from your spouse.
The process often takes a little while, but the court moves forward even if your spouse never shows up. There might be a hearing where you answer any questions from the judge, or the court could review paperwork outside of a hearing and issue the orders. In either case, it’s important to be ready with any proof or details you might need about your requests, just in case.
Be patient as you wait for your court date or judgment, but continue keeping records of all correspondence and court filings during this window. Even though you may not hear from your spouse, tracking your progress helps you avoid missing important deadlines or steps.
Common Mistakes to Avoid in a Default Divorce
Default divorces might feel simple on the surface, but small missteps can cause delays or affect the outcome. Watch out for these common concerns:
• Missing deadlines or leaving out documents the court requires
• Assuming you’ll get everything you asked for just because there’s no reply
• Forgetting to include items like retirement accounts or specific parenting requests in your initial filing
Everything you want needs to be laid out in your original request. Without it, the court usually won’t add things later. Taking the time to lay strong groundwork is worth it.
It’s also easy to think that not receiving a response means you automatically “win.” The court still reviews the facts and can require changes if something isn’t clear or fair. Don’t assume default means you’ll receive more than you would in a regular divorce. It just means you can move the process forward without extra negotiation or waiting.
Check and recheck your forms and financial disclosures to minimize errors. Many default divorces are slowed down by missing paperwork, so careful attention early on will help everything proceed smoothly.
Final Tips for Moving Forward Without Delay
It’s easy to lose track of what’s next when the other person never answers. But keeping your own process in order makes a big difference:
• Keep a list of filing dates and paperwork submitted so nothing slips through the cracks
• Stay respectful in all filings and communication, even if emotions run high
• Reach out for legal help if anything feels unclear or too much to manage alone
Practical organization can take some of the pressure off. Setting calendar reminders for deadlines, keeping a folder of all your documents, and tracking any notices from the court will all help you avoid surprises. Emotional support, whether through friends or professional guidance, can help you stay steady while waiting out the required time.
If you find the situation hard or confusing, you’re not alone. Many people find the lack of interaction unsettling. Focusing on what you can control and following through with paperwork can help you regain a sense of direction.
When you expect a quiet response, or no response at all, your best strategy is staying organized and clear-headed. Take things step by step and seek support when needed.
Your Legal Partner During a Default Divorce
Choosing a family law firm with experience in default divorces in California, like ours, means you’ll have guidance from filing all the way through final judgment. We provide clear information on required steps and can help you avoid costly delays that come from missing paperwork or deadlines. Our experience includes helping clients in Burbank and across California move forward when communication with the other party is limited.
Find Support as You Move Forward
When your spouse decides not to take part, it doesn’t mean your divorce is stuck. A default divorce can offer a way forward when communication just isn’t there. By handling things with care from the start, keeping track of what matters, and following through on the steps, you can bring the process to a close. Even if it feels like you’re going through it alone, you’re not. There’s a clear path to move on, and when you’re ready, support is right there.
Silence from a spouse after filing can feel overwhelming, especially when you’re seeking resolution in Burbank. A default divorce offers a clear legal route when cooperation is off the table. At Sapphire Legal Solutions, we guide you through each step to help you move forward with confidence. Reach out to us to discuss your options and find peace of mind.