If you and your spouse are looking for the easiest way to part ways, divorce by default could be just the ticket. To find out more about this simple and quick way to be divorced, read on.
Agreeing to Divorce and Everything Else
Not all divorcing couples fight about matters like child custody and marital assets. If you and your spouse can agree on everything then you've just made things a lot easier on everyone. A default divorce allows couples who have already agreed on all marital issues to divorce. As a reminder, common divorce issues include:
How Default Divorce Works
Only one party takes action in this type of divorce and they do so by filing for divorce. Once filed with the court, a single (or no) appearance by the filing party seals the deal. This is the perfect way for couples who agree on everything to divorce but not everyone should be without legal representation. The responding party might want to have a divorce lawyer at least review the agreement to ensure that nothing has been overlooked and that it's fair. By the way, the judge might not approve of an agreement that appears unfair to the non-filing party. In addition, you might have to prove that the other party is aware of the divorce by using a process server.
Uncontested and Default Divorce — What's the Difference?
There's not a lot of difference in the final outcome, expense, or time needed between uncontested and default divorces. The main difference lies in the word "default". This type of divorce is often used when one spouse cannot be located or who refuses to agree to the divorce. If the other party fails to respond to the divorce petition or they can't be found, most states allow the divorce to take place after a certain waiting period has elapsed.
Not Appropriate for All
Some couples would be advised to go the uncontested route rather than divorce by default. For example, if the couple has minor children, more issues have to be addressed. Even if the couple agrees on everything, orders for child support and addressing custody matters can mean a more protracted process. Before you make a divorce decision, discuss matters with a divorce lawyer to find out the easiest method for your situation.
For more information, contact a divorce attorney in your area.
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