What is a Default Divorce?

In California, a default divorce may be the best way to finalize a divorce as it is usually less costly. A default occurs when the respondent does not respond. If there are no issues the divorce can be finalized, in most cases, without a court appearance. If there are issues like spousal support, child custody, child support, division of assets etc. the judge will decide in a hearing using the petitioner’s testimony only.

For more information about default divorce in California and Los Angeles, watch Legal Action Workshop’s video below.

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A default divorce in California is one in which the respondent does not respond when served. Most courts do not require a hearing if there are no issues to be resolved in a default divorce. However, a hearing may be necessary to resolve issues.If a default hearing is required, only the petitioner will go to court to resolve any outstanding issues. The judge will depend on the testimony of the petitioner and the divorce will be finalized based on the judge’s ruling.

Nevertheless, a response may be preferred to protect the respondent’s legal rights. A consultation with the attorney will determine the best option.