A default divorce is a legal process that allows one spouse to obtain a divorce without the other spouse's participation or agreement. This can occur when one spouse files for divorce and serves the other spouse with the necessary paperwork, but the other spouse fails to respond or participate in the divorce proceedings. Here is what you need to know about a default divorce:
How Do You Get a Default Divorce?
In order to obtain a default divorce, the filing spouse must follow specific legal procedures. This usually involves filing a petition for divorce with the court and serving the other spouse with a copy of the petition and other required documents. The other spouse then has a certain amount of time to file a response to the petition and either agree to the divorce or file a response contesting the divorce or requesting specific terms.
If the other spouse fails to respond or participate in the divorce proceedings, the filing spouse may be able to obtain a default judgment from the court. This means that the court will grant the divorce based on the filing spouse's petition and any supporting evidence presented, without the other spouse's input or agreement.
Does the Filing Spouse Get Their Preferred Divorce Terms?
It's important to note that a default divorce does not mean that the filing spouse will automatically get everything they want in terms of property division, child custody, or other issues. The court will still consider relevant factors and make decisions based on what it determines to be fair and in the best interests of any children involved.
Are There Advantages or Disadvantages to a Default Divorce?
There are some potential advantages and disadvantages to pursuing a default divorce. One advantage is that it can be a faster and less expensive process than a contested divorce, as there are no court hearings or negotiations to attend. Additionally, it can be a good option for situations where one spouse cannot be located or is unwilling to participate in the divorce process.
However, there are also some potential disadvantages to consider. For one, the filing spouse may not get everything they want in terms of property division or other issues, as the court will make decisions based on what it determines to be fair and reasonable. Additionally, a default divorce can create hard feelings or resentment between the spouses, which could make co-parenting or future interactions difficult.
Contact a divorce attorney for more information.Share