What Is a Default Divorce?

A default divorce may be the answer when your spouse refuses to cooperate during the divorce proceedings. A judge can enter a default divorce judgment when a spouse files for divorce and the other spouse refuses to engage in the divorce case. The procedures for getting a divorce decree through a default vary by jurisdiction, and it comes with its own set of risks and benefits.

Read on to learn more about default divorce and its implications. To get help with your case, contact an experienced divorce lawyer in your area. They can further explain your legal options.

Understanding Default Divorce

A default divorce may be an option when only one spouse is involved in the divorce proceedings. The particulars depend on the family law of your state. A judge grants a divorce after a certain amount of time if the other spouse fails to cooperate or you cannot find your spouse. However, there are risks and benefits to the default divorce process.

Steps Involved in a Default Divorce

If you seek a petition for dissolution of marriage and your spouse does not respond to the divorce papers, you may request to enter default. As part of any legal proceeding, you must provide proof of service for the divorce papers through a process server or other means allowed by the court’s rules.

The steps of a default divorce vary according to the divorce law that applies in your case. However, there are some typical steps involved in a default divorce, including the following:

• File and serve the petition for a divorce
• Meet the waiting period requirements
• File a request for a default judgment
• Attend the default hearing if required under your state’s law
• Finalize your divorce decree
• Serve your spouse a notice of entry of judgment

Depending on your jurisdiction, there may be forms or a self-help legal website to assist with a default divorce.

Potential Outcomes of Default Divorce

When considering pursuing a default judgment, you must evaluate the implications of making a request for default. There are advantages and disadvantages of filing a divorce petition and obtaining a default judgment.

Potential Benefits of the Default Divorce Process

There are several potential benefits for the default divorce. This type of divorce can come with the following advantages:

• Allows for divorce if the spouse is uncooperative or missing
• Provides the potential to save money on court fees and other legal costs
• Requires fewer divorce hearings, saving time
• Allows you to maintain confidentiality (However, you may need to submit information about income if child support or property division is an issue in your case.)

Potential Drawbacks of Default Divorce

There are risks associated with a default divorce for both the spouse who files a default divorce and the defaulting spouse. If you file a default divorce, it may not go as you planned. Once your spouse gets the divorce petition, they may respond within the proper time frame and seek a contested divorce. At this point, the judge is unlikely to grant the default divorce.

Even if the judge grants the default divorce, the judge can set aside the default judgment. Your spouse may be able to successfully move to set aside the judgment for a valid reason. If so, you’re back to square one and have to begin the divorce proceeding from the beginning.

The risks for the defaulting spouse include giving up the right to object to the other spouse’s requests. There is no opportunity for a divorce settlement considering the defaulting spouse’s wishes. For example, the ability to request spousal support, child support, or child custody arrangements could be lost for the defaulting spouse.

Protecting Your Interests in Default Divorce

Although a default divorce may be appealing, there are risks, as discussed above. An uncontested divorce may be a better option. In that case, you may be able to retain the cost and time-saving advantages of a default divorce without the disadvantages.

Get Help From a Family Law Attorney

If you’re considering default divorce, speak with a divorce lawyer. A divorce attorney can provide legal advice and explain your legal options. You’ll learn about your rights and be able to move forward depending on your needs. Contact an experienced divorce lawyer in your area today.