Court Forms: Default

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Ending the Marriage
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Default
Default

I started a divorce case (or any other family law case). My spouse has not responded to the papers. I want to complete the case and finalize the divorce. What can I do?

If the other spouse never responds to the Petition for Divorce (Dissolution) by filing response papers, default allows you to finish your case. You should file a Motion for Default with the clerk of the superior court. Schedule a court hearing and ask the judge or court commissioner to sign an Order on Motion for Default granting the default.

After the Order on Motion for Default is signed and after 90 days have passed since the petition was filed and served, the judge or commissioner can sign the Final Divorce Order (Dissolution Decree), or final orders in another family law action.

Form
Title
Download
Revised
FL All Family 161 Motion for Default      03/2020
FL All Family 162 Order on Motion for Default      03/2020

Use the court's form to schedule a hearing, if there is one. Otherwise, use this form:

Form
Title
Download
Revised
FL All Family 185 Notice of Hearing      05/2016

You must give the other party notice of the hearing on the Motion of Default when: 1) the other party filed a Notice of Appearance: 2) it has been more than one year since the petition and summons were filed and served.

Form
Title
Download
Revised
FL All Family 112 Proof of Mailing or Hand Delivery (for documents after Summons and Petition)      01/2022

Note: Additional documents may be required by local county superior court rules.

Important: To obtain legal advice you should hire a lawyer (for “full service” representation or for “limited” representation) or, if you cannot afford one, contact a low cost or free legal service program. For a referral to a lawyer or a legal service program, call CLEAR (888) 201-1014. Your county may also have a courthouse facilitator who cannot provide legal advice, but who can offer limited assistance in completing necessary paperwork. This list of forms is not legal advice and is provided only for reference purposes.

 

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