Default Judgments v Bifurcation in Divorce Cases

What happens to a California divorce when one spouse never responds? The case doesn’t stall. It can move forward without them.

When a spouse has been properly served with the divorce petition and summons and doesn’t file a response, the court can enter a default judgment. First, though, the filing spouse has to prove that service happened and that no response was filed, either by affidavit or at a hearing. A judge can also require a hearing in some circumstances, such as when the spouses might reconcile or when the requested custody or child support terms raise concerns.

The stakes are high for both spouses. If you filed, mistakes in service or paperwork can slow down or derail your case. If you were served, ignoring the papers can cost you your chance to be heard on property, support, and custody, and default orders are difficult to undo. Below, we explain what Cal. Fam. Code § 2336 requires, how it differs from bifurcation under Cal. Fam. Code § 2337, and when an Orange County divorce attorney can help.

How Family Code 2336 Differs From Bifurcation

Cal. Fam. Code § 2336 and bifurcation both come up in California divorce cases, but they answer different questions.

Section 2336 sets the proof a judge needs before entering a default judgment when the other spouse never answers the petition. A default happens because one party stopped participating, not because both sides agreed to divide the case into two parts.

Bifurcation is a separate procedure under Cal. Fam. Code § 2337. It lets the court end the marriage itself while property, support, and custody stay open for a later trial. Couples ask for bifurcation when the money and custody issues will take months or years to resolve, but one spouse wants to be legally single sooner. This often matters for remarriage or for filing taxes as a single person.

The court can grant bifurcation even in a contested case, as long as the party asking for it files a formal motion and gives the other spouse notice. The requesting spouse must also agree to protect the other spouse’s rights to things like health coverage, retirement benefits, and survivor benefits until the rest of the case becomes final.

An attorney can help you decide whether requesting bifurcation, pursuing a default judgment, or responding to one fits your situation.

Why You Should Choose Quinn & Dworakowski, LLP

At Quinn & Dworakowski, LLP, our attorneys work to provide compassionate and effective representation to clients dealing with the difficult process of divorce. Stephane Quinn and David Dworakowski are each Certified Family Law Specialists through the State Bar of California Board of Legal Specialization. That credential requires passing a specialty exam and peer review.

Attorney Quinn has held an active California State Bar license since 2011, and Attorney Dworakowski has held his since 1988. Both have been recognized as Super Lawyers in family law. When you work with our firm, one of our attorneys can:

• Determine whether bifurcation is strategically beneficial for your situation
• Prepare and file motions requesting bifurcation of marital status
• Protect your financial interests while unresolved divorce issues remain pending
• Address disputes involving property division, support, and custody matters
• Make sure court filings are completed
• Respond to non-compliance from the opposing spouse
• Negotiate settlement terms that protect your rights and interests

It’s important to handle a default divorce correctly. If you’ve been served with divorce papers, do not ignore them. Failing to respond does not make the problem go away. It only means that you will be unable to advocate for your rights and interests.

Why Might a Default Divorce Be Entered?

A default divorce is entered if the non-filing spouse fails to respond within the set deadline. This may happen if:

• They are unaware a divorce was filed.
• They are choosing not to cooperate.
• They are ignoring the papers.

As long as the papers were served on the spouse, the reason they didn’t respond doesn’t matter. Papers are usually served in person by a responsible third party over the age of 18. Papers can also be served by mail with a signed acknowledgment of receipt, or by substituted service if the server tried and could not reach the spouse in person. A spouse’s failure to respond does not keep a marriage in place; it only removes their ability to advocate for their needs and interests during a divorce. In California, a spouse has 30 days to respond after being served with the petition and summons. The court will grant a default judgment if the parties have no agreement and no response has been filed.

What You Need to Show to Get a Default Divorce Judgment

Proof is required to allow a judge to enter a default judgment. This proof can be provided in court or by affidavit, but it must show that papers were served and that no response has been filed. The filing party must complete the following forms to request a default judgment:

• Request to enter and declaration of default
• Declaration of disclosure
• Income and expense disclosure
• Request for spousal support
• Requests for child support and custody, if applicable

The judge reviews these forms and decides whether to enter a default judgment. The court is likely to grant the requests of the party who filed for divorce, and it is difficult to change a default divorce order. This is why you don’t want to allow a default divorce to be entered against you. You lose your chance to be heard on support, custody, and property division before the judgment is entered.

Default Divorce Court Hearing or Affidavit

It is up to the judge’s discretion whether a default divorce is granted with just an affidavit or if a hearing is required. A judge may require a hearing if the affidavit shows any of the following circumstances:

• Parties could reasonably reconcile.
• The filing party requested child custody that is not in the child’s interests.
• The filing party requested child support that is less than the non-custodial parent can pay.
• A hearing would be in the interest of the party or interested person.

A judge who finds any of these circumstances in the paperwork can order a hearing rather than rule on the affidavit alone. In that hearing, the judge questions the filing spouse. A spouse in default generally does not get notice of it or a chance to take part.

Why You Should Hire a Divorce Lawyer

Whether your case is being heard at the Lamoreaux Justice Center, Central Justice Center, Harbor Justice Center, or elsewhere in California, your priority should be hiring a divorce lawyer. Look for one who understands both default judgment procedure and bifurcation.

You want to avoid a default divorce if you are being filed against. You want to file correctly if you are the one requesting a default divorce. Working with an attorney can help protect your interests so that you meet essential legal deadlines.

If you are facing a potential default divorce decision, an attorney can:

• Explain the implications of Family Code 2336
• Make sure that the other party is properly served
• Help you prevent a default judgment, even if a final hearing is already scheduled
• Help you prepare for a possible default judgment in your favor
• Represent you at the final hearing so your interests and rights are protected
• Review whether all financial disclosures and court paperwork were properly completed
• Respond to motions, court filings, and procedural deadlines that could affect the outcome of your divorce case

The dedicated team of Orange County family lawyers at Quinn & Dworakowski, LLP, works to protect what matters most.

Frequently Asked Questions

What Is the California Family Code for Visitation?

California law on visitation includes Cal. Fam. Code §§ 3011, 3020, and 3040. The law states that custody is granted to parties in a certain order of preference based on the child’s interests. This order is:

1. Both parents or either parent, with consideration given to whether one parent will allow more contact with the other parent and their child
2. A person the child has been living with in a stable and good environment
3. Any person who can provide for the basic needs, care, and guidance of the child

Judges weigh these factors against the specific facts of each family rather than applying them as a strict checklist.

What Is Considered an Absent Parent in California?

Parental abandonment, or an absent parent, happens when a parent has not had contact with their child for one year when the child lives with the other parent, or six months when the child lives with someone else. There has been no effort to carry out any parental rights or responsibilities, and they have not attempted to make contact. This may be grounds for the involuntary removal of parental rights.

What Is Considered Parental Alienation in California?

Parental alienation occurs most often in families where parents are separating, separated, or divorced. It is a deliberate action by one parent to damage their child’s relationship with the other parent. This may be done in several ways.

A parent may prevent the child and the other parent from communicating. They may schedule fun events during the other parent’s custody or visitation time. They may even say negative things about the other parent in front of the child. The court may consider this a form of child abuse.

Can a Default Judgment Be Set Aside in a California Divorce?

Yes, in limited circumstances. Under Cal. Civ. Proc. Code  § 473(b), a court can relieve a party from a default or default judgment caused by mistake, inadvertence, surprise, or excusable neglect. The request generally must be filed within six months of the judgment. The court must grant relief if an attorney submits a sworn statement admitting that their own mistake caused the default. This applies even when the neglect itself would not otherwise qualify. Waiting past the six-month window narrows your options considerably. That is why anyone who discovers a default judgment against them should talk with a family law attorney as soon as possible.

Why Should I Hire an Attorney to Help Me Seek or Contest a Default Judgment in Family Court?

Family law attorneys play a crucial role in protecting the rights and interests of clients. In some cases, a spouse may have concerns about being treated fairly and allowed to participate in the divorce process. Other spouses or parents could experience frustration about the other party’s unwillingness to engage in the divorce or family court process. Either concern can be addressed by hiring a family law lawyer who understands the steps needed to further a client’s goals.

Work With Experienced Legal Counsel

Default orders can be difficult to change. Whether you are seeking a default judgment or working to prevent one, legal support is crucial. The outcome of a family court case can affect your property and parental rights.

Take the first step by contacting the dedicated legal team at Quinn & Dworakowski, LLP. We take the time to learn about our clients and to act urgently when needed, so your rights and interests are protected.

We pursue every viable strategy to protect your rights and help you achieve your goals in court. Our core values center on compassion, dedication to our clients, and a commitment to excellence. We understand that some cases require decisive action, especially when a default decision may be pending.

Protect your rights. Reach out to our team today.