Understanding Default Divorce and Its Drawbacks

A lawyer meeting with his clients Family courts or judges may grant default divorce when one party fails to respond or doesn’t show up for a court hearing. The same judgment may also be granted when completing an uncontested divorce. Those filing for a default divorce need to demonstrate that the other party received the notification or they’ve done anything they can notify the party about their decision.

Nassau County divorce lawyers note that in most cases, the other spouse will have 20 to 30 days to answer to the petition before granting a default judgment. Sometimes, the court may also ask the filer to wait a little longer before submitting all documents to give the other party a chance to respond.

Finalize Divorce Faster

The thing is some spouses use default divorce or don’t respond to the petition to allow the process move along faster or to avoid court costs. They also believe that it can be a practical choice, as they can obtain judgment without hiring a divorce lawyer. This method, furthermore, won’t require submission of assets and financial records.

Agree in Advance

There are cases when couples may agree to this method in advance, deciding who will make the petition or go to court. The other party will ignore or not answer the papers, so that the court can grant default judgment. Through this, couples can resolve the issues without hearings or trials.

Surprises in the Future

This method may allow the whole process to move quickly, but it also has drawbacks. If one party intentionally ignores the petition, this means giving up all rights to contest the order. They may also not fully understand what is included in the complaint, so they may end up being surprised in the future. It is still best to consult a divorce attorney to review all the paperwork involved.

If you’re filing a default divorce, it is advisable to speak to a divorce attorney. The same is also true if you want to contest a default judgment or the court decision. The right lawyer will evaluate your case and make sure that your rights are protected.