The Pros and Cons of Default Divorce

When a marriage ends, going through the legal process of divorce can feel overwhelming. For many, litigation is the default divorce type, meaning the court makes the final decisions when one party doesn’t respond or participate in the proceedings. But is a default divorce the best option for your situation? Read on to find out.

What Is a Default Divorce?

A default divorce happens when you file for divorce, but your spouse doesn’t respond within the required time frame. Basically, if they don’t show up or engage in the process, the court can move forward and finalize the divorce without their input. Most people feel like this type of divorce is usually the only option if their spouse is uncooperative or unreachable.

Advantages of Default Divorce

It’s Cheaper

A default divorce is more affordable than a traditional contested divorce. That’s because you don’t need to hire a lawyer to gather evidence or argue your case in court, which can save you a lot of money. That said, the actual costs can vary depending on your situation and the laws in your state.

For example, in some states, you might still need to attend a hearing and provide evidence to back up your requests before a judge approves the divorce. In others, the process can be even simpler. A judge might grant your default divorce without a hearing, so long as your petition meets the requirements for a no-fault divorce and your spouse doesn’t contest it.

Speed and Ease

Default divorces are usually quicker and less complicated than contested ones. However, you’ll still need to follow the legal steps, including serving your spouse with divorce papers and, in most cases, sending them another notice that you’re seeking a divorce. At each stage, your spouse gets a set amount of time to respond. If they don’t, you can move forward—but you’ll need to wait out those deadlines.

Confidentiality

Another advantage is that default divorces are more private. You don’t need to disclose as much detailed financial information as you might in a contested divorce. However, if you have minor children, you’ll still need to provide income estimates for both parents to calculate child support. Also, if you’re dividing marital property, you’ll need to supply information about what you’re asking for in the settlement.

Disadvantages of Default Divorce

Risks for the Defaulting Spouse

If you’re the defaulting spouse, you’re essentially giving up your right to have a say in the process. Once the divorce is finalized, you’ll be legally bound to follow the judge’s ruling. And if you later want to make changes, your options are pretty limited. In most cases, judges will only set aside a default divorce judgment for specific reasons, such as the following:

• If your spouse committed fraud
• If your excuse for not responding on time is valid (like a serious illness or another unavoidable situation)
• If you’ve found new evidence that could have changed the outcome of the case

Disadvantage for You as the Filing Spouse

Even if you follow all the steps to request a default divorce, there’s always a chance your spouse could step in at the last minute. If they suddenly decide to respond or show up at the default hearing to raise an objection, your default divorce may not move forward. At that point, you might have to file extra paperwork, appear in court to argue your case, and possibly pay additional court or attorney fees before you can finalize the divorce.

When Should You Get a Lawyer Involved?

Even though a default divorce might seem like the easiest route, it can actually cause complications—especially if you’re the one being defaulted. If you’ve been served divorce papers but aren’t entirely sure what rights you might be giving up, it’s a good idea to talk to a lawyer.

An attorney can sit down with you, review the details of the case, and help you understand whether a default divorce is the right choice for your situation. They’ll guide you through your options and make sure you’re not unknowingly giving up something important.

Is Default Divorce Right for You?

At the end of the day, a default divorce can be a convenient and affordable way to end your marriage, but it comes with risks that you should be aware of. If your spouse isn’t contesting the divorce and you’re comfortable with the terms, it can be a quick and hassle-free way to move on.