Default divorce: what happens when your spouse doesn't respond

If your spouse is properly served and simply never responds, the case doesn't stall — it moves without them. That's a default divorce, and it's common.

How it works

Every state gives a served spouse a deadline to respond — typically 20 to 30 days (a bit longer if served out of state). If the deadline passes with silence:

• You request entry of default: a form asking the clerk to note the non-response officially.
• Then you "prove up" your case: submit your proposed judgment, settlement terms, and required disclosures — some courts finish on paperwork alone, others hold a short hearing where you confirm the basics under oath.
• The judge signs the decree. Many states still apply their normal waiting period, so default doesn't skip the calendar — it skips the fight.

The two big rules

• Service must be airtight. A default built on sloppy service is the easiest judgment to overturn. Keep your proof of service perfect — it's the foundation of everything after.
• You generally can't get more than you asked for. In most states a default judgment can't exceed what your petition requested. Ask for everything you actually want in the petition itself, because there's no negotiation later.

Can they undo it?

For a window after judgment, a defaulted spouse can ask the court to set it aside — usually needing a good excuse (never actually received papers, emergency) plus reasonable speed. Another reason clean service matters.

Default vs. uncontested

Don't confuse them: uncontested means you both participate and agree; default means one side is absent. If your spouse WILL sign but won't engage with courts, a signed waiver of service plus an agreement is smoother than default — faster in some states, and much harder to challenge later.