• Location

    940 C Street
    San Diego, CA 92101
    United States

  • Mon - Fri

    8AM – 5PM

  • Call Us NOw



What Happens if Your Spouse or Partner Doesn’t Respond to Divorce Papers?

divorce, san diego divorce, men's divorce

While it takes two people to form a marriage, a divorce needs only one. Once you initiate the process with a divorce petition, there’s virtually nothing your spouse or partner can do to stop it.

In fact, even if your spouse or partner does not respond to the divorce petition within the 30-day timeframe, the divorce will continue to proceed – based almost entirely upon your claims in your divorce petition.

In legal circles, this is called a default divorce.

In this entry, the San Diego divorce attorneys with The Men’s Legal Center will talk more about default divorces, the steps you must take if your spouse or partner fails to respond to the petition, and how the divorce is entered into the court records.

If divorce is on your mind, get in touch with us here at The Men’s Legal Center by calling 619-234-3838 or via email.

We’ve earned our reputation for being among the best family law firms in California and will work one-on-one with you to position you for the best possible post-divorce outcome.

What’s the difference between a default divorce and a true default divorce?

You may hear the terms “default divorce” and “true default divorce” discussed. They’re very similar, but there are differences.

  • In a default divorce, your spouse or partner has either failed to respond to your divorce petition in the 30-day window or agrees with you in how the divorce will proceed.
  • With a true default divorce, your spouse or partner is giving up their right to any say in the divorce process.

Does my divorce case automatically become a default or true default case?

No; even if your spouse or partner does not respond in the 30-day time window, you and your divorce lawyer will still need to file a request with the court to enter default.

It’s also at this stage that you and your divorce lawyer would enter a request for true default classification if you and your spouse or partner are in agreement.

To talk more about your divorce options, call the San Diego divorce attorneys at The Men’s Legal Center.

If you’re considering divorce, we’d love to speak with you about your options. We’re committed to making sure you have the resources and knowledge they need for the best possible outcome in family court.

To find out how we can help you, call The Men’s Legal Center at 619-234-3838 or send an email.