Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

What Happens in Court With a Default Divorce?

| |

Divorce can be tricky, and sometimes spouses disappear before the court date. When this happens, your spouse fails to respond to an official complaint or ignores you filing for divorce. An important thing to keep in mind is if you get an attorney and ensure everything is in order on your end, even if your spouse ignores the notices and court dates, you can still get a divorce.

If an ex ignores the notices and court dates of the divorce, they give up any rights to stop the action. Some couples actually agree on divorce by default because it is easier than the average divorce. There are many pros and cons to settling for a divorce by default, but it may be easier on your family by doing so.

What Are The Pros and Cons Of Default Divorce?

Though having a lawyer present is always an excellent way to reassure you that everything is going as it should, it is not always necessary to divorce by default. That is one of the aspects many couples love about this divorce method. However, there are some other advantages for you to think about.

A smaller amount of attorney fees
Fewer court costs
Fewer trials and appearances at hearings

Often a couple will agree on who will file for the divorce and who will ignore the notices. This allows the couple to get divorced quickly and efficiently. The couple may even decide to settle divorce issues outside of the courtroom if it benefits them.

Do You Still Need a Lawyer For a Default Divorce?

On the other hand, there are some serious pitfalls of divorce by default. It may not be the best option especially if it is not agreed on by the two parties. If one party wants to discuss things further but does not attend the hearings or court dates, they lose their rights to what happens. This can leave someone in a very bad position. Here are some of the other downfalls of divorce by default.
The defendant may not understand what rights they are giving up
There are no lawyers to back the defendant up

This may seem like the easiest way to do the divorce but the person who is not filing has to run a risk assessment before agreeing. If you believe it is a straightforward case with no assets, kids, or home issues to solve it may be the best option.

Looking for more Information? Download our FREE Guide “Mistakes to Avoid During Divorce”

When to Get a Lawyer Involved?

Though divorce by default seems like the easiest option it can truly complicate things on the dependent side. If you have been served papers, but you’re not exactly sure what you are giving up, consult a lawyer. An attorney will meet with you, review the complaints, and tell you whether or not a default is the way to go for your case.

If you need an attorney to review your case and tell you what your best options are, give us a call. Petrelli Previtera can help you assess your next steps.

Client Testimonials

They are amazing! I highly recommend anyone that is in need of assistance with child support hearings to seek out the expertise and experience of this law firm and staff! They handled my case quickly and I feel that my money was put to good use. Much appreciated! Nothing less than five stars!

Alana Deverson

I just want to say GREAT JOB! She is a no nonsense professional with years of experience that qualifies her as a skilled Family Law attorney. She is seasoned, sensitive, and most of all she cares. She made things easy for me. Definitely recommend!

Kimberly Colby

Overall I was pleased with the results of my divorce case. The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. If you happen to work with this firm and with the lawyers you’ll be in great hands. It was such an excellent service and it was beyond I expected.

A Family Law Client Chevy Chase , MD

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540(609) 917 9560view details
Linwood210 New Road #15 Linwood, NJ 08221(609) 375-0351view details
Parsippany8 Campus Dr, Parsippany, NJ 07054(973) 310-5320view details
Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Montgomery County516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details

schedule a consultation Today

Contact Us Fill out the form or call us today (866) 465-5395
Skip to content