What is a Default Judgment in a Divorce?

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    Working up the courage to file for divorce is demanding enough for some people. However, when your ex-spouse won’t respond to the petition, it can feel overwhelming. You may be wondering where you go from there. Will their lack of response hold up the divorce? Luckily, uncontested or default divorce proceedings are common and could actually make things easier for the petitioner, depending on the situation.

    What Does Default Divorce Mean?

    A default judgment, also known as an uncontested divorce, is simply a divorce proceeding in which the respondent fails to respond to the initial divorce petition. It could also result from the respondent submitting a response and then coming to an agreement with the petitioning spouse. If the respondent does not file a response, the proceeding continues without their input in divorce decisions. This is called a “true default.” An “uncontested case” occurs when the two spouses come to an agreement following the response, the divorce proceedings follow their plan as closely as possible.

    What Happens During a Default Judgment?

    Once a petitioner files for divorce, their spouse (now the respondent) can file a response with the court. If your divorce becomes a true default case, the petitioner will need to complete and file several legal documents with the court outlining their requests. Divorces that include division or property, child support, or child custody require additional documents. After reviewing their paperwork with a legal document assistant or lawyer, the petitioner must copy and file all documents with the court. The court will review the paperwork and the Judge will sign off on the petitioner’s requests if all seems to be in order. Both spouses will then receive a final judgment in the mail. Neither will have to appear in court.

    Divorce Document Help in the Inland Empire

    During a divorce, it’s important for both parties to retain attorneys that can protect their rights in court. When it comes to completing and filing legal documents, though, the legal document assistants of ProSe Legal can help you. Our team specializes in streamlining the legal filing process so you can move on faster.

    If you need help with your default divorce paperwork, today or call (909) 497-1349 to schedule your appointment.