Default judgment vs. true uncontested — what's the difference?
My spouse said they 'won't sign anything' but also won't fight it. Is that a default? Is that the same as uncontested?
Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.
My spouse said they 'won't sign anything' but also won't fight it. Is that a default? Is that the same as uncontested?
✓ Verified answer from a licensed attorney — shown first
Family-law attorney, LA County. These are different in CA. 'Uncontested' technically means the other side responded and you both agree on the terms — you file a written agreement with the judgment. 'Default' means they were served and never responded within 30 days — you finish the case without them. There's also a third option, 'default with agreement,' where they don't formally respond but sign the judgment. Each path has slightly different paperwork. The trap with a pure default is that if you later need their signature for something (a QDRO, a refinance), you don't have it. If they'll sign the judgment, that's almost always the better route. General info, not advice for your situation.
We did default with agreement. He didn't want to file a response but signed the final judgment. Worked fine.
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