Default Divorce — What It Means To Couples And Estranged Spouses

When it comes to divorce, ensuring an outcome that works for your best interests is vital. When that divorce involves what is known as a "default divorce," things can get even trickier. Here's what you need to know about making sure your default divorce has a positive outcome no matter which party to the divorce you are. 

When You're a Couple

A default divorce is a process by which a judge receives a divorce request by one spouse but the other spouse does not respond. Because there is no negotiation and the court generally grants the terms of the divorce in the paperwork served, court proceedings can be less expensive and speedier than a traditional divorce.

For this reason, some couples agree in advance to use default divorce if they decide to end the marriage. You and your partner would craft some agreed-upon terms in advance and one party submits them. While this plan carries some risk — especially to the nonresponding party — it can work in amicable situations. 

When Your Spouse Is Estranged

Have you lost touch with an estranged spouse who has been gone for a long time? If so, default divorce is the method by which you may be able to legally end your marriage and your obligations to them.

With this type of default divorce, you would need to make a thorough search for ways to contact the missing spouse. If these fail, the court may direct you to publish the divorce information in a newspaper or other public resource. If your spouse still fails to respond, the judge could grant you a default divorce with most (or all) of the terms you request. 

When You're the Estranged Spouse

Unfortunately, default divorce when spouses aren't in contact can result in its own problems. The most common is when you had a good reason for not responding — such as when your spouse was intentionally neglectful in contacting you correctly. If you're in this situation, you should contact a lawyer to request that the default divorce be overturned. However, this must happen quickly, as there is a time limit. 

Where to Start

Although default divorce sounds like a relatively easy way to end a marriage, it clearly can be very challenging. From coming up with an agreement as a couple to searching for a missing spouse, the steps to prepare for divorce can be more complicated than the actual divorce.

This means you should have reliable counsel no matter what type of default divorce you want to seek. With their help, you'll find the most satisfactory way to move forward with a new chapter in your life. 

Reach out to a divorce lawyer for more information.