The key points
- The standard response period is generally 30 days after service.
- FL-165 requests entry of default.
- Default with an agreement differs from default without one.
- The joint petition route does not begin with a defaulting respondent.
Check service and the case posture first
The response period follows proper service, so the service record matters before requesting default. Review the actual court file and applicable deadline rather than assuming that a spouse’s silence after an informal conversation starts the process.
The California catalog includes FL-115 for proof of service and FL-165, Request to Enter Default. The request asks the court to take a procedural step. A complete final Judgment package is still separate work.
The service article explains why sending documents and proving valid service are different tasks.
Distinguish the two default situations
In a default without agreement, the respondent has not filed a Response and there is no signed settlement resolving the terms. The petitioner asks for orders through the required procedure and the court reviews them.
In a default with agreement, no Response was filed, but the spouses have a written settlement. California Courts gives separate finalization instructions for that situation, including notarization of the respondent’s agreement signature.
A verbal promise does not make these categories interchangeable. Use the agreement article if the spouses are actually working toward written terms.
Prepare the correct final set
Depending on the case, final papers include FL-170, FL-180, FL-190, the required disclosure record, and appropriate attachments. The default request does not replace those documents.
Children, property, support, and the presence or absence of an agreement affect the set. Use the court’s instructions for your actual situation. The Judgment checklist, FL-182, helps identify the required pieces.
Do not assume a default allows the court to grant anything the petitioner later thinks of. Get help if requested orders do not match the opening requests or if you do not understand what the court can decide.
Keep the legal minimum and review process in view
The standard 6-month minimum is separate from the response period. The relevant starting event is service of the summons and petition or the respondent’s appearance, whichever is earlier.
After default is requested, the court still needs the required final papers and may ask for corrections or additional steps. Follow any hearing notice. A general statement that an agreed case may be reviewed on declarations does not promise that every default has no hearing.
Read the final Judgment article for how to distinguish proposed papers from entered orders.
Get help when the ordinary default instructions do not fit
Military circumstances, a disputed service record, children, or uncertainty about what has already been filed can require additional help. Do not rely on an assumed deadline if the facts are unclear.
An FL-700 joint petition begins with both spouses participating. If it is revoked, the case moves to the standard process with the relevant amended papers. That change needs its own instructions.
A partner preparation offer for agreed cases does not resolve an uncooperative or contested case. Check the supported circumstances and get advice about a dispute rather than entering answers that imply agreement.
Common questions
Am I divorced when the 30-day response period passes?
No. Default and final Judgment require additional steps. The minimum period before marital status can end is a separate rule. Silence does not cause the court to automatically finish the case.
What does FL-165 do?
It requests entry of default in the appropriate standard case. It is not the final Judgment and does not replace disclosure records, order attachments, or the other final papers required for your situation.
Can spouses have an agreement without a filed Response?
A default-with-agreement procedure exists, with its own requirements. It is different from a default without a settlement. Follow the correct instructions and understand the consequences before choosing a non-response route.
Is a hearing always unnecessary?
Do not assume that. Follow the court’s instructions and any hearing notice. Some agreed cases are reviewed on declarations, but the exact posture and required papers matter.
Does default apply to the opening joint petition?
The joint route starts with both spouses signing, rather than one waiting for the other’s Response. If that process is revoked, the standard case instructions and the filed papers determine the next steps.
Official California references
Requirements and forms can change. Check the current instructions and your local court’s requirements. This page is not an attorney-reviewed legal opinion.