How Do You Default a Divorce?

If you file a divorce and your spouse fails to file a counter-divorce, then this is considered an uncontested divorce or a "default" divorce. Essentially, a spouse that fails to respond to a petition for divorce or separation defaults to an uncontested case where he or she will not be able to battle any of the terms of the divorce agreement. A true default means that the spouse gives up any right to have a say in the case. If you are the spouse that was filed against, and you do not wish to respond, it is important to know what you are agreeing to.

You should first read through the terms of the divorce papers that your spouse filed before choosing not to respond. Failing to respond to the filing will not make the problems go away, but may instead make things more difficult for you as you try to navigate through a separation that tis entirely built on your spouse's terms. Most people want to take part I n the decisions regarding divorce, and therefore choose to file a counter petition.

From there, both parties will hire attorneys to represent them on either side of a case and will then negotiate through the many details of the divorce until they read favorable conclusions. If you choose to default the divorce you will not need an attorney, but you will also not be permitted to have an opinion when it comes to property division, child custody, alimony and more.

Do you need a divorce lawyer to assist you in your case? Hire a Los Angeles divorce attorney promptly. Claery & Hammond,LLP can assist you as you seek to understand the implications of a default divorce and decide if this is the best route for you to take. Contact us today!