Q: Am I required to wait for 30 days if I want to request a default divorce if my spouse is already in agreement with me?

A: Yes, you are required to wait for 30 days if you want to request a default divorce. You husband's assurance to you that he won't file a response means nothing to the court. It would be advantageous to file an agreement signed by both of you acknowledging the terms of the divorce. It will most likely be easier than obtaining the default and certainly more secure. Quite simply, if he ends up not liking the terms of the default because he didn't fully understand something (or many things) he will file to set it aside. Which will be another mess to deal with. The right attorney can easily prepare it in a prompt manner. Some attorneys are affordable; some attorneys are not.

A: In California, the law requires a waiting period of at least 30 days from the date the divorce petition is served before you can proceed with a default divorce. This period allows the responding spouse time to file a response. Even if you and your spouse are in agreement about the divorce, this waiting period is mandatory.

If your spouse does not file a response within 30 days, you can then proceed with a request for a default. However, if you both agree on all terms of the divorce, including property division, spousal support, and child custody (if applicable), you might consider a default with agreement or an uncontested divorce. In these cases, the agreements you've made are submitted to the court after the 30-day period. Remember, each divorce case has its own complexities, so it's advisable to consult with a lawyer or use court resources to ensure all procedures are correctly followed and your rights are protected.