When people are scared to deal with something in life, they may choose to ignore it. This may be true for a bill, a family matter, or even a divorce.
Yes, some people may even ignore divorce papers. They may think that if they ignore it, then it will just go away. They would have to agree to a divorce, right?
Not necessarily. If you are served divorce papers and do not respond within a certain timeframe, then your spouse can ask for a default divorce, which means they may get everything they ask for.
What Constitutes a Default Divorce?
A default divorce occurs when the responding spouse fails to file an answer or otherwise respond to the divorce petition within 30 days of being served. The court treats the non-responding spouse as having no objections to the divorce. This means the court can make decisions without hearing from you, allowing your spouse to move forward with finalizing the case without your participation. The judge looks only at what your spouse filed and what the law says. You will not be able to tell your side.
How to Obtain a Default Divorce
- Serve the other spouse properly. Before filing for default, the filing party must ensure their spouse was legally served with the divorce petition and summons. Proof of service is required for the court to recognize that your spouse had the opportunity to respond.
- Wait for the response period. California law gives the served spouse 30 days to file a response. If they fail to respond during this period, the spouse can proceed with requesting a default judgment.
- File a Request to Enter Default. The spouse must submit a Request to Enter Default with the court, along with all necessary supporting forms, such as financial disclosures, custody arrangements, and proposed property division agreements. This paperwork allows the court to review requests for child support, spousal support, and property division.
- Court review and hearing. In many default divorces, the court can approve the paperwork without a hearing, especially in uncontested matters. However, if the case involves minor children or complex financial arrangements, the court may schedule a brief hearing to ensure that the proposed orders are fair and in compliance with California law.
- Final judgment of divorce. Once the court approves the requests, it will issue a judgment of divorce, officially ending the marriage. The judgment includes orders for child custody, visitation, child support, spousal support, and division of property and debt.
Contact Us Today
When you have been served divorce papers, responding is in your best interest, even if you do not agree with getting a divorce. Otherwise, you will likely lose out in a default divorce.
If you have been served divorce papers, contact The Law Offices of Oliver Gutierrez in Redwood City. Divorce can be stressful and scary, but we can help you resolve your disputes and protect your legal rights. Se habla español. Fill out the online form or call (650) 285-1673 to schedule a consultation.