What You Need to Know About Default Divorces
Divorce may not always be two-sided. Here’s everything you need to know about default divorces.
This type of divorce occurs when one spouse files for divorce and the other spouse is either unresponsive or unreachable. The spouse filing for divorce must prove they made a significant effort to reach their spouse, but were unsuccessful. Some couples agree to this because of the efficient process.
What is a Default Divorce?
A default divorce is when one spouse files for divorce because the other spouse is unreachable or uncooperative. The spouse filing for divorce must prove they made an effort to reach the other spouse. If the other spouse has proven to be unreachable, or they do not respond to the divorce papers in time, the court can grant one. Courts use default judgment, which means they can grant the divorce with only one spouse’s permission.
Unable to Reach A Spouse
If the spouse filing for divorce cannot locate the other spouse, the divorce process can continue. To prove the other spouse cannot be found, they must conduct a diligent search to try to locate and contact them. The court can request proof the spouse was searched for thoroughly before concluding they are missing.
If the spouse filing for divorce serves the other spouse with the divorce papers, but the other spouse does not respond, they can get a default divorce. Spouses receiving divorce papers can have 30-90 days to respond.
A spouse who does not show up for court hearings is considered an absent spouse. If only one spouse attends court hearings, they can still file for divorce. If the absent spouse does not have a valid reason as to why they are not attending the court hearings, it can be granted.
Obtaining a Default Divorce
The process varies by state. If a spouse wants to divorce for any reason, they can file a divorce complaint or petition depending on the state. Spouses can find divorce forms on state-court websites. The spouse must serve the divorce papers to the other spouse upon completing the forms. It can be granted if the other spouse is unresponsive or proven to be unreachable.
Some couples agree to a default divorce. The couple can discuss all divorce issues privately and choose one spouse to file for divorce. The spouse receiving the divorce papers will intentionally not respond to the papers by the date they need to. If the spouse is unresponsive after the deadline, the court can grant a default divorce.
Related: How to Get a Cheap, Quick Divorce in California
Pros
In regular divorces, spouses must disclose all assets and income to the court. In a default divorce, spouses do not have to prove any financial information to the court. Default divorces avoid the cost of an attorney and court hearings. All divorce issues are handled privately and confidentially.
Cons
Lawyers are not used in default divorces. The unreachable or unresponsive spouse has no say in the divorce issues and does not have a lawyer to defend their rights. In a default divorce, the spouse filing for divorce chooses the divorce issues, and the other spouse has no say over their outcome in the case.
Related: Default Divorce Judgment in California
FAQs About Default Divorces
What if the other spouse is responsive?
If the other spouse responds to the divorce papers, a default divorce cannot take place. It can only be granted if the spouse filing for divorce makes a significant effort to reach the other spouse and they are unreachable or unresponsive.
Can I get a default divorce if my spouse is in the military?
No, a spouse filing for divorce cannot get a default divorce if their spouse is in the military, because there may be a valid reason they do not respond.
What if I didn’t respond to the divorce papers because I was out of town?
If you can prove you had a valid reason why you did not respond to the divorce papers, the court cannot grant a default divorce. For example, one can demonstrate the divorce papers were accidentally delivered to the wrong address.
Contact Us
If you or a loved one would like to learn more about default divorce, get your free consultation with one of our divorce attorneys in California today!