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I started a divorce case (or any other family law case). My spouse has not responded to the papers. I want to complete the case and finalize the divorce. What can I do?
If the other spouse never responds to the Petition for Divorce (Dissolution) by filing response papers, default allows you to finish your case. You should file a Motion for Default with the clerk of the superior court. Schedule a court hearing and ask the judge or court commissioner to sign an Order on Motion for Default granting the default.
After the Order on Motion for Default is signed and after 90 days have passed since the petition was filed and served, the judge or commissioner can sign the Final Divorce Order (Dissolution Decree), or final orders in another family law action.
Use the court's form to schedule a hearing, if there is one. Otherwise, use this form:
You must give the other party notice of the hearing on the Motion of Default when: 1) the other party filed a Notice of Appearance: 2) it has been more than one year since the petition and summons were filed and served.
Note: Additional documents may be required by local county superior court rules.
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