What Is a Divorce by Default?

A divorce by default, according to California Courts, is one in which you and your spouse are in complete agreement regarding all the divorce terms that apply to your case. In this situation, it’s possible to finalize your divorce without the spouse who was served even filing a response. These are unique circumstances that require a complete understanding of the legal implications, and an experienced Redlands divorce attorney can help you with that.

Proceeding with a Divorce by Default

If you and your divorcing spouse have carefully considered each applicable divorce term and have resolved them between yourselves, you can proceed with a divorce by default. The terms in question include all the following:

● The division of your marital property

● Your child custody arrangements

● Child support

● Spousal support – or alimony

Because these will directly affect your future, having legal guidance in your corner can prove invaluable.

How It Works

If your spouse files for divorce, for example, and you’ve already successfully negotiated every applicable divorce term, you won’t need to respond to service within the usual 30 days. Instead, you’ll look to the court to make the necessary determinations without your input on the matter. As such, your spouse – upon filing for divorce – will provide the court with a written agreement that outlines the term resolutions that you’ve negotiated between yourselves.

Additional Applications

Divorce by default isn’t always about both spouses coming together to resolve their divorce terms and following the smoothest path forward.

Evasion of Service

Sometimes a divorce by default is granted in response to a spouse who actively evades service of divorce papers. Once the moving spouse has exhausted their efforts to serve the other, the court may grant a divorce by default based on the original divorce papers and the terms sought by the spouse who filed them.

Refusal to Sign the Divorce Papers

When a spouse refuses to sign the divorce papers within the allotted 30 days, they do so for any number of reasons, but the basics tend to include the following:

● Attempting to ignore the issue

● Attempting to avoid divorce

● Attempting to antagonize their spouse

● Attempting to avoid paying child support, alimony, or both

● Attempting to avoid the issue of child custody, the division of marital property, or both

Regardless of their motivation for not signing the divorce papers, however, it will not stop the divorce process and may not even prolong it. This is another instance when the court can issue a divorce by default.

Discuss Your Best Options with an Experienced Redlands Divorce Attorney Today

If you and your spouse are moving forward with a divorce by default, it’s advisable to discuss the terms you’ve landed on with a practiced attorney, and at Gramling Law Group, we’re standing by to help. Your divorce terms will guide your future, which makes seeking legal guidance in your best interest. For more information, call us at (984) 246-5759 today.