In most divorce cases, both parties are actively involved in the process. They may go through mediation, where they work together to find solutions, or they may opt for litigation, where a court decides on matters like child custody arrangements or child support payments.
Another option, however, is for one person to obtain a default divorce. This occurs when their spouse is largely uninvolved in the process, but the court can still grant the divorce if the proper legal steps are taken. When might this process be used?
When your ex won’t cooperate
In general, default divorces are granted when one spouse refuses to cooperate. For instance, you may file for divorce and serve the divorce petition to your spouse. If your spouse doesn’t want the divorce, they might ignore the paperwork or throw it away. While you must wait until the court-appointed deadline for them to respond, you can move forward with a default divorce if they fail to take action.
Similarly, a default divorce may be used if your spouse misses court dates and hearings. They may initially respond to the paperwork, acknowledging the divorce, which prompts the court to schedule an initial hearing. However, if they become unresponsive or you cannot locate them—perhaps they’ve left the state or even the country—the court can proceed with a default divorce.
Why is a default divorce necessary?
The purpose of a default divorce is to ensure that one spouse cannot trap the other in the marriage by refusing to cooperate with the legal process. While it allows you to move forward, this process can be complex, so it’s essential to understand the legal steps involved.
