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How long does it take to process a Default in a Divorce case?

Los Angeles, CA |

I filed for divorce and served my hopefully-soon-to-be ex-husband by mail. He signed the proof of service and I filed it. He did not respond/answer the divorce petition. Six weeks after filing, I prepared and filed the default paperwork. I also filed the Income and Expense Disclosure Declaration. It's been a couple of weeks since I filed. How long does it usually take for the default to be entered if all the paperwork is in order?

Attorney Answers 4


  1. It depends on the jurisdiction. Some jurisdiction would schedule a hearing as soon as you submit the default paperwork. You may need to contact the clerk of courts or the judge's ballif in your jurisdiction and request a hearing date.


  2. You still have to prove up all of the facts supporting your requests (child or spousal support, property distribution, etc.) The courts are slow to enter default, and it may (easily) be set aside, for almost any reason, including mistake. There is no exact timeframe for an entry of default, it depends on the facts of the case.


  3. Be patient. If all your paperwork is in order, your husband's default should be entered shortly.

    You can go to the Court to look at the court file, or you can go on the Los Angeles Superior Court website, and enter the case number in the family law case summary section, to see what is occurring in your case.

    If you discover that there was a problem, it may be a good idea for you to consult with an experienced Divorce Attorney.


  4. It takes time, depending on what court you are in, you may have to attend a default hearing, which is something you would have to request from the court. The court takes 4-8 weeks to enter Judgments in general and if it is a default judgment, there may be additional questions posed to you, because the court wants a "fair" division of property. Good luck.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

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