Finish a Divorce Case: Default

Generally, if your spouse did not file a Response, then you may enter a default against him/her to request a default judgment that includes all the orders you requested in your Petition. This instruction sheet will review the procedure and forms necessary to obtain a default judgment.

Before following these instructions you must satisfy the following:

Next, you need to decide whether to proceed with or without a court hearing to obtain a Default Judgment.

In some cases, you may obtain a default judgment by mail without appearing in front of a judge. In other cases, you will need to schedule a hearing in front of the judge in order to finalize your case. If you schedule a default hearing, the other party will not get notice of the default hearing, so only you will be present at the hearing. At the default hearing the judge will make orders regarding all the issues in your case including the status of your marriage, custody and visitation of your children, child support, spousal support and division of assets and debts. If you have questions about any of these issues you should contact an attorney or the Self-Help Center / Family Law Facilitator for further assistance.

The following information will help you decide whether you need to schedule a default hearing or not.

You must choose one of the following Default Judgment options to finalize your case:

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