Divorce Lawyers In United States
A default divorce is a unique type of divorce. In most instances, while one partner may be responsible for filing for the divorce, the other partner will respond and reply with his own terms and conditions. Even in an uncontested divorce, the other partner will respond and agree. In a default divorce, one partner will not react to the divorce papers, even after being served. When this happens, the spouse that files for the divorce will be awarded everything that he/she requests in the petition.
A default divorce does not happen very often, but if you find yourself in this situation, US divorce lawyers can help. Learn the rules and regulations regarding default divorce and what this means for you by contacting your lawyer.
Understanding Default Divorce
People break up for all different reasons. There may have been a problem with infidelity, domestic abuse, or an issue with communication. You and your spouse may simply fight too much and not love one another anymore. Whatever the case, the only grounds needed in order to file for divorce in US are that:
- there has been an irretrievable breakdown of the martial relationship, and
- you have been a resident of US for at least 180 days.
What a divorce hearing will do is determine who gets what in terms of child custody, property division, and more. When you file for divorce, you will outline the proposed terms and conditions. In an uncontested divorce, your partner may agree to these terms and there is nothing more to do but sign the paperwork. In a contested divorce, your partner will have his own terms and conditions and you may need the court to determine what happens next. In a mediation or collaborative divorce, you and your partner may agree to sit down and try to work everything out without court interference. In a default divorce, however, your partner will not respond to the paperwork at all.
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Although a default divorce process may be a frustrating situation, it can work to your benefit. You can avoid the complications and expensive legal fees, especially if you end up in court. It also means that you will get what you have requested.
When there are children involved, default divorce can be a little more complicated, as your partner must supply information regarding income and personal expenses in order to determine child support payments. Lawyers can help you draft the paperwork and notify your spouse of what has happened. If you are contemplating divorce or if you have filed for divorce and received nothing back, let lawyers help you.