A default divorce is granted when one spouse fails to show up in the court or respond to a petition. The specific requirements for this type of marriage dissolution vary from state to state but the basic principles are similar. It is also common for judges or courts to require the filers to show that the other party receives the notification before finally granting the judgment.
A spouse is usually given 20 to 30 days to respond before the granting a default divorce. There are some instances, however, that the judge may wait a little longer, in case the other party decides to respond. Many also choose this method because it allows them to get a divorce without hiring a family lawyer or paying for court fees and hearings, as well submission of financial records.
Agreeing in Advance
Sometimes, couples agree to a default divorce in advance and decide who will go the court and file for the petition. Through this, spouses can get their marriage dissolved and resolve others issues without having to consult attorneys or attend trials. Divorceattorneyinlongisland.com may agree that this allows the divorce to go quickly without public hearings.
The Risks of Default Divorce
While this seems appealing, it carries a few risks. Parties who decide not to respond to a petition should know that they are giving up their rights to contest the order. The other spouse may also not completely know or understand what is being requested in the complaint. Consulting a lawyer to review the paperwork is still important before pursuing any action.
Conflicts in the Future
When couples agree on a default divorce, conflict may arise in the future. This is because the court’s order may be in favor of the other spouse. It is important to note the default divorce is also not a sure thing, as the other party may have good reasons for having it overturned.
Those who receive default divorce judge should know that they have the rights to contest it. Speaking with a lawyer should be the first move to know the next steps to take. This is also the case for those planning to pursue this type of divorce.