The basic principles of completing a default divorce are the same in most states. This is granted when a party fails to respond to a petition or if a party fails to show up in court. Family courts or judges usually require filers to demonstrate that their spouse received the notification of proceedings before granting requests.
According to the law, the receiving party has 20 to 30 days to respond to papers before the other spouse can pursue a default divorce. The judge, however, might want the filer to wait a little longer before submitting all papers, just in case the other party decides to respond.
Escaping Legal Payments
Some people use this method because it allows for the granting of a divorce without hiring a family lawyer or paying too much in court costs, hearings, and trials. Default divorces, moreover, do not require the submission of financial records regarding income and assets and bank statements.
Agreeing to Fault Divorce
A few couples sometimes agree to a default divorce in advance. They both decide who will file the petition and ask the court to issue specific orders. Through this, couples can resolve issues without having to attend hearing and trials or consulting attorneys.
Giving Up Rights
Default divorce may sound advantageous, but it is not without its risks. Spouses who do not reply to a divorce complaint fail to realize that they are completely giving up their right to contest the court’s order. This is why it still best to consult an attorney to review the paperwork before pursuing any action.
Knowing the Petition
Agree-upon default divorce may leave the other party unaware of the actual request on paper. It is important to know exactly what the petition says to avoid conflicts in the future. Keep in mind that this divorce is not a sure thing, as the defendant spouse may have good reason for having it overturned.
Those who receive a default judgment for divorce still have to contest the complaint or have it set aside. It is important, however to speak to an attorney to determine the right steps to take. The same goes for those planning to ask for a divorce by fault.