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What Happens in Court With a Default Divorce?

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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, LLC can help you assess your next steps.

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

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