Several times we get calls from people after they have filed for dissolution of marriage (divorce) or legal separation but their spouse has not responded. They ask for guidance as to what they can do next. The answer is to proceed with a default.

If your spouse is personally served with a divorce or separation petition, he or she must file a response within 30 days. If he or she fails to do this, the next step for you would be to file a Request to Enter Default (form FL – 165). You must also file your Proof of Personal Service of Summons (form FL – 115), an Income and Expense Declaration (form FL – 150), and a Separate Property Declaration (FL-160). Finally, you must also include two stamped envelopes, one addressed to you and one addressed to your spouse.

The family law clerk will then process your Request to Enter Default. The next step will likely be a Request for a Default Setting, in which a court date will be set by the court. In the alternative, if you can locate your spouse and you both are able to agree on a stipulated judgment, then you can prepare, sign, and date this stipulated judgment, and submit it to the court along with your judgment package. However, there are a lot of forms that must be submitted in your judgment package and several legalizes within any stipulated judgment that makes it very difficult to put together. Thus, it would be a good idea to hire a very knowledgeable family law attorney to assist you with this part.

We hope this provides you with some insight into a default. If you or a loved one needs assistance with any family law issue please call Wallin and Klarich at 888-749-7428 any time! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! Call Wallin and Klarich today as we have a team of highly skilled family law attorneys ready to take your call 7 days week, 24 hours a day!