A default divorce is a form of divorce where the other party doesn’t contest the ruling or doesn’t even submit any paperwork, this type of divorce is based on the paperwork of one of the parties and their divorce attorney Atlanta only. Default divorces are used when one party fails to respond, or if the other party has left the country and doesn’t respond neglecting their right to have a formal divorce proceeding.
Default divorces can also be agreed upon with you and your spouse. If you’re filing for a default divorce which is similar to an uncontested divorce, you need to make a sincere effort to make sure you get a hold of the spouse, before making the divorce is granted default divorce status.
If you serve your spouse and there’s no response or if you filed the paperwork and your spouse fails to respond within the required time period you can also ask the courts to grant you a default divorce. It’s also necessary that you make the appropriate efforts to contact your spouse to make sure they just haven’t forgotten to handle the paperwork, although you have the right to file a default divorce if your spouse doesn’t respond to the paperwork served. They can come back and have their divorce attorney invalidate the default judgement if they come back within a reasonable period of time even after the default divorce was granted.
If you don’t have any children or assets that need to be divided you can inform the courts that you intend to file a default divorce, the other party simply doesn’t respond. The person who filed for the divorce can ask the judge to sign the final agreement that officially divorces the couple.
It makes sense to file for a default divorce when one party doesn’t have the resources to hire a divorce attorney or doesn’t want to bother with the legality of the divorce and agrees to a default judgement. As stated a default divorce only works when there are no assets or children involved. Once the court processes and a judge signs off on the paperwork the divorce is finalized. In default judgements just one party takes care of the legal issues while the other party just waits for the finalized results.
Sometimes couples drift apart even prior to getting a divorce especially if it’s a marriage of convenience or the marriage ends without giving notice. Neither party really cares about the legalities of separating until one spouse decides they want to get married again, in these situations a divorce attorney will often recommend a default judgement when relationship with the other spouse has been severed for a time.
It’s required by law that you make an effort to find the spouse before asking your divorce attorney to file for a default judgment, in order to prove you’ve made an effort to find the spouse you need to find the last known address of the spouse, and let the courts know how that was obtained. Check the current residence of the address to make sure they don’t have any information about your spouse. Ask any relatives or friends. Basically the courts want to make sure you’ve made every attempt to contact the spouse prior to finalizing the paperwork and that the case wouldn’t need to be re-opened at a latter date causing more issues for the divorce attorney and the courts. Re-opening a default judgment will often take effort and financial resources, which the judge ultimately wants to avoid.