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3 Questions About A Default Divorce

Are you planning to file for a divorce soon, and concerned that it may turn into a default divorce? Here are some questions you'll likely have about this legal process. 

How Does A Default Divorce Happen?

The divorce process works by one spouse filing the petition for dissolution of the marriage with the court system, and then that paperwork is served to the other spouse. The person being served papers is then given time to provide a written response to the court within a reasonable time limit. If the person being served divorce papers does not respond within the time period, the petitioner can then file additional paperwork to start the default divorce process. 

Will Your Spouse Have Any Input On The Divorce? 

By being served paperwork and not submitting a written response, your spouse is willingly entering into a default divorce. This means that they will not have a say in the divorce process when it comes to decisions that are made. However, this does not mean that you are going to get everything in a divorce. All aspects of the divorce still need to be approved by a judge, and they are going to be reasonable in the decisions that they make.

If you are looking to receive more in a default divorce, it is up to you to provide evidence as to why you should get what you want. For example, if you do not want to be responsible for certain debts that your spouse took on late in the marriage, it would help to prove that these debts were incurred after a separation.

Can Your Spouse Overturn A Default Divorce?

Be aware that you may go through the entire default divorce process only to have the judgement overturned. This is because a spouse may have justification as to why they were unable to respond in a timely manner, which can be argued to the court when asking for the decision to be overturned. That's why it's only best to go through with a default divorce if you know that your spouse is willingly not going along with the process. If you are trying to get what you want by taking advantage of a situation where they are unable to respond, know that things can potentially be overturned down the road.

Have concerns about your upcoming divorce? Meet with an attorney in your area for a consultation. A family law attorney can provide further information about the services they offer.