Receiving a divorce petition can be an emotionally overwhelming experience. As a family law attorney, I’ve seen many individuals unsure of what to do after being served. One of the most common — and potentially costly — mistakes is choosing not to respond at all.
If you’ve been served with a divorce petition, failing to respond can have serious legal consequences. In this post, I will explain what happens if you don’t respond, how a “default divorce” works, and how to properly file a response to protect your rights.
What Is a Divorce Petition?
A divorce officially begins when one spouse (the "Petitioner") files and serves a Petition for Dissolution of Marriage (Form FL-100) along with a Summons (Form FL-110) on the other spouse (the "Respondent").
Once you are served, the clock starts ticking - you have 30 calendar days to file a response with the court.
What Happens If You Don’t Respond?
If you don’t respond within 30 days, your spouse can request what’s called a default. This means the court may proceed with the divorce without any further input from you.
Here’s what that means in practice:
- Loss of Voice in the Process: The court may grant your spouse everything they requested in their petition — including decisions about child custody, support, property division, and spousal support.
- Binding Court Orders: These orders are enforceable, even if you never participated in the proceedings.
- Long-Term Consequences: You may be legally obligated to follow orders you never agreed to or had a chance to contest.
In short, not responding effectively hands control over the process to your spouse and the court — without any defense or negotiation on your part.
What Is a Default Divorce?
A default divorce occurs when the responding spouse fails to file a response within the required time. Once the Petitioner applies for a default judgment, the court may finalize the divorce based solely on the Petitioner’s filings.
There are two types of default scenarios:
- True Default: You do not respond at all, and the Petitioner proceeds without you.
- Default with Agreement (Hybrid): You and your spouse reach a written agreement (often through mediation), but you still don’t file a formal response. The court enters a judgment based on your agreement. There are certain requirements that the court may require, like property declarations, but this is the most cost effective way to resolve a divorce case based upon an agreement by the parties.
In either case, the judgment is enforceable — and in a true default, it could be very one-sided.
How to File a Proper Response in California
If you want to protect your rights and participate in the divorce process, here’s how to file a response properly:
- Complete the Correct Forms
You’ll need to complete:
- Response to Petition – Marriage/Domestic Partnership (Form FL-120)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105) if you have minor children
- Any necessary financial disclosure forms, which are required later in the process
- File With the Court
File your response with the same court that issued the petition. There’s a filing fee (currently $435–$450 in most Southern California counties), though fee waivers may be available if you qualify. - Serve Your Spouse
Have someone over 18 (not you) serve a copy of your response on your spouse by mail. Then, file a Proof of Service by Mail (Form FL-335) with the court. - Consider Legal Representation
If you’re unsure how to respond — especially regarding child custody, spousal support, or property division — consulting with a family law attorney can ensure your rights are protected from the start.
Final Thoughts
Even if you believe the divorce terms are fair or uncontested, it’s still important to respond and participate in the process.
If you’re in Southern California and unsure of what steps to take after being served, I strongly recommend reaching out for legal guidance. A divorce doesn’t have to be a battle — but it should never be handled passively.
Need help responding to a divorce petition in California? Contact my office for a consultation. Let’s make sure your voice is heard and your future is protected.