Spouse won’t sign or respond? You can still finish your divorce.
In California your spouse does not have to agree or sign for you to get divorced. If they are served and do not respond within 30 days, you can ask the court to move forward by default. Rosa prepares every default divorce form correctly, at a flat fee, and at your direction.
What is a default divorce in California?
A default divorce happens when your spouse is properly served with the divorce papers and does not file a Response within 30 days. You can then file a Request to Enter Default (Form FL-165) and submit your judgment paperwork without your spouse’s signature. Expert Multi-Services, a registered and bonded Legal Document Assistant in San Jose, prepares the full default divorce package at your direction.
What Rosa does
- Prepares your Petition, Summons, and financial disclosures
- Prepares the Request to Enter Default (FL-165)
- Prepares your judgment package for the judge
- Explains how service works, in English or Spanish
What only an attorney does
- Advises what you should ask the court for
- Represents you if your spouse later contests
- Handles hearings or trial
Tired of waiting on a spouse who won’t cooperate?Talk with Rosa today — walk-ins welcome.
Official guides: California Courts Self-Help — Default divorce · Form FL-165
Two kinds of default divorce
| True default | Default with agreement | |
|---|---|---|
| Spouse files a Response? | No | No |
| Written agreement? | No | Yes, signed by both spouses |
| What the judgment can include | Generally no more than what your Petition asked for | The terms you both signed |
| Financial disclosures | Still required from you | Required |
| 6-month minimum wait | Applies | Applies |
A default divorce may fit if…
- Your spouse keeps saying they will sign, but never does.
- Your spouse moved out and stopped answering your calls.
- Your spouse lives in another state or country and will not participate.
- You agree on everything, but your spouse refuses to file paperwork.
Five steps to a default judgment
- Rosa prepares your Petition and Summons. A complete Petition matters, because a default judgment generally cannot give more than what you asked for.
- File with the Santa Clara County Superior Court. At the Family Justice Center, 201 N. First Street, San Jose, with the fee or a fee-waiver request.
- Have your spouse served. An adult who is not part of the case serves the papers; you cannot serve them yourself.
- Wait 30 days and serve your disclosures. If no Response is filed, Rosa prepares your Request to Enter Default (FL-165).
- Submit your judgment. Your marital status can end no sooner than six months after your spouse was served.
Default paperwork gets rejected often
Default judgments are reviewed closely. A missing proof of service, a skipped disclosure, or a request that was not in your Petition can send the whole package back and cost you months. Rosa checks every form before it is filed, so your case keeps moving.
One flat price, in writing
- Your exact flat fee for a default divorce is quoted in writing before work begins.
- Court filing fees are additional where applicable; fee waivers may be available.
- Prices marked “+” may vary by case complexity.
- We are not attorneys and cannot provide legal advice. We prepare documents at your direction.
“I can’t say enough good things about Rosa and the work she did on my divorce. She was professional, compassionate, and incredibly knowledgeable — she explained every step clearly and made sure I felt supported. Highly recommend.”Amy SmithDivorce client
Default divorce questions, answered
What is a default divorce in California?
A default divorce is when your spouse is properly served and does not file a Response within 30 days. You can then ask the court to continue without your spouse’s participation and finish your divorce.
What if my spouse won’t sign the divorce papers?
Your spouse does not have to sign for you to get divorced in California. After your spouse is properly served and 30 days pass without a Response, you can request a default and move forward.
How long does my spouse have to respond to divorce papers?
Your spouse has 30 days after being served to file a Response. If no Response is filed in that time, you can file a Request to Enter Default.
What form do I use to request a default?
You use the Request to Enter Default (Form FL-165), followed by your judgment paperwork. Expert Multi-Services prepares these forms at your direction for a flat fee.
Can I serve my spouse myself?
No. The divorce papers must be served by an adult who is not part of the case, such as a friend, relative, or professional process server.
Can divorce papers be served by mail in California?
Yes, but only with a Notice and Acknowledgment of Receipt (Form FL-117) mailed by someone else, and it works only if your spouse signs and returns it. If your spouse does not return it, the papers must be served another way, such as in person.
What if I don’t know where my spouse is?
You must first make real efforts to find your spouse. If you still cannot find them, you can ask the court for permission to serve another way, such as by publication in a newspaper. Rosa can prepare the forms at your direction.
What is the difference between a true default and a default with agreement?
In a true default, your spouse never responds and there is no written agreement, so the judgment is based on your Petition. In a default with agreement, your spouse does not file a Response but signs a written agreement that becomes part of the judgment.
Can the court give me everything I want in a default?
A default judgment generally cannot give you more than what you asked for in your Petition. That is why your Petition should be complete and accurate before it is filed.
Do I still have to wait six months for a default divorce?
Yes. In California your marital status can end no sooner than six months after your spouse was served, even in a default divorce.
Do I still need financial disclosures if my spouse doesn’t respond?
Yes. You must still complete and serve your own financial disclosures, even if your spouse never responds. Rosa prepares these forms for you.
My spouse lives in Mexico. Can I still get a default divorce?
Often, yes, if you meet California’s residency requirement and your spouse is served correctly. Serving someone in another country follows special rules and can take longer, so plan ahead.
How much does a default divorce cost in San Jose?
Expert Multi-Services prepares divorce paperwork for a flat fee starting at $1,200, quoted in writing before work begins. Court filing fees are separate, and fee waivers may be available.
Do I need a lawyer for a default divorce?
California does not require a lawyer for a default divorce. If your spouse later contests, or your property or support issues are complex, consulting an attorney is a good idea. Expert Multi-Services prepares documents but cannot give legal advice.
Do you help with default divorce in Spanish?
Yes. Rosa is a native Spanish speaker and explains every default divorce form in Spanish. Se habla español.
Can I walk in today or book online?
Yes. Walk-ins are welcome Monday through Friday, 10 AM to 6 PM, at 434 Blossom Hill Rd, San Jose. You can also book online or call (408) 766-3529.
Finish your divorce — with or without their signature
Walk-ins welcome Monday–Friday, 10 AM–6 PM, at 434 Blossom Hill Rd, San Jose. Se habla español.
Expert Multi-Services Inc. is a registered and bonded Legal Document Assistant (LDA #269, Santa Clara County). We are not attorneys and cannot provide legal advice. We prepare documents at your direction.