Default divorce

My ex and I went in and filed divorce
papers together since we agree on the
divorce there are no children and
nothing to divide. I have not been
served but was told that because we are
in agreement that is not necessary and
we only need to file an agreement to
default after 30 days have passed. Is
this correct?

Asked on June 27, 2016 under Family Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An agreed judgment is different than a default judgment.  A default judgment is a judgment that one party obtains after the other party is served and fails to appear or file an answer in the suit.  This can often result in the filing party automatically getting whatever relief they want without a hearing.
If you and your spouse are in agreement, then you should enter an agreed judgment or decree which is signed by both of you and sets out exactly what the agreement is.  The agreed order, not default order, is what needs to be filed with the court.

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