Have you been considering a divorce? With such a painful and emotionally consuming process, it can be difficult to choose which way to go.
You may have heard of default judgment divorce and you’re wondering what that is and if it may be right for you. Keep reading below to learn the pros and cons of a default judgment divorce.
This type of divorce has several benefits for those involved. First, it is cost-effective since very little in the way of legal fees or court costs is necessary.
The divorce decree is also not dependent on the testimony of either party. Decisions are generally based on documents that are already filed and accepted by the court.
This can lead to a more equitable outcome, as both parties’ wishes are taken into consideration before the divorce is finalized. In some cases, it may even be possible to amicably settle the divorce before the process is complete.
Default judgment divorce is an expedient process, but it carries certain cons. Sometimes, if the non-filing spouse objects to the claims made, they have few legal remedies to reach a different settlement.
It also does not allow for constructive problem-solving if the two parties have a mutual interest in staying married. The process may prevent the non-filing spouse from seeking spousal support or equitable division of assets.
Also, the fact that the non-filing spouse is not fought in court gives them the impression that they are dispensable. It can lead to long-term psychological harm.
Reasons to Obtain a Default Divorce
Obtaining a default divorce enables one spouse to end the marriage without consulting or involving the other spouse. A default divorce can be used when a spouse can no longer be located, when a spouse is unavailable due to illness or imprisonment, or when the other spouse is unwilling to cooperate.
It may also be used when consent from both parties cannot be obtained. This is sometimes necessary when there is no agreement that the settlement terms are fair and equitable.
To be able to analyze your situation and guide you through the legal process to help you come to a resolution that fits your unique needs and those of your family. Seek legal counsel with experts like Greenville Divorce Lawyer for more info.
How to Obtain a Default Judgement Divorce
To obtain a default judgment divorce, the suing party must ensure they have properly filled out the paperwork and have provided the defendant with the appropriate paperwork. Typically, the defendant’s failure to respond is the necessary element to obtain a default judgment divorce. After the suing party has filed the paperwork, the court normally grants the divorce without further proceedings.
Learn More About Default Judgement Divorce Today
Default judgment divorce is a safe and speedy way to move forward but it can leave unresolved divorce issues in its wake. Make sure to consider all of the pros and cons before making your decision.
So, don’t delay. Contact a qualified family law attorney in your area for legal assistance and advice!