What Is Default Divorce?

We live in a society that is increasingly mobile. it is no longer uncommon for people to move hundreds or even thousands of miles away from where they were born and raised. Social media, smart phones, and the internet make it easier than in years past to keep in touch with friends and family across the miles. When a marriage falls apart, however, these new techniques of communication will necessarily mean it may be easier to find your spouse if he or she takes advantage of this increased facility of mobility and moves away. If you are seeking a divorce and do not know the location of your spouse, you may need to get a default divorce.

In a divorce action, like any other law suit, the action is commenced when one of the spouses files a petition for divorce. The divorce petition must then be filed with the court and then properly served on the other spouse. After the defendant spouse is properly served, he or she will have a certain amount of time to file a response. If he or she fails to file such a response, you can then file for a default divorce. With a default divorce, you will need to demonstrate to the court that your spouse has been properly served, but has nevertheless failed to file an answer in the time allowed by law. The court can then grant your divorce and your requests for relief by default, as the other person has not appeared to defend the suit. If you are granted a default divorce, you can ask the court to approve your proposal for marital property division, child custody, spousal maintenance, and attorneys’ fees, just to name a few of the possible issues.

It is important to note that following the proper procedure is essential to a successful default divorce.  The defendant must be served properly; proper service means that the divorce papers are delivered to the defendant personally.  If personal service is not possible because you are unable to locate the defendant, you can ask the court for permission to use alternative means to serve the defendant.  However it is accomplished, proper service is crucial to getting a default divorce.

We have extensive experience with assisting our clients with all types of divorces.  Call us today and we can talk about how to move your case forward.

Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation.

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