A motion for default in a divorce case allows the person who filed the petition to ask the court to grant them petition when the other spouse failed to file an answer in court. Typically, in a divorce, the respondent answers the divorce petition by confirming or disputing the facts and terms set out. If the respondent fails to respond to this petition, a motion for default lets the person who filed the petition complete the divorce without any participation from the other spouse.
Pros of a default divorce
The default method allows some people to obtain a divorce without paying as much in attorney’s fees or court costs for appearing at hearing or trials. They also don’t have to provide any financial information regarding their income or assets. All of these things have to be disclosed in a regular divorce and can take a lot of extra time and stress. Some couples agree to a default divorce in advance to avoid having to deal with these things. They decide that one spouse will file and ask the court to issue specific orders and the other spouse will not respond. This also allows the couple to resolve all of their divorce issues outside of the courtroom.
Cons of a default divorce
Sometimes default divorces are used by attorneys to pull a fast one on an unknowing spouse. Other times, the defendant’s spouse does not completely understand what’s being requested in the divorce complaint or may fail to realize that they are completely giving up their rights by not responding.
How to pursue a default divorce
If you want to pursue a default divorce, many state court websites have links to court forms and step by step directions. If this isn’t the case, your local courthouse will have the proper divorce forms and self help centers.