What Is a Default Divorce and What to Expect?
When getting divorced, the first step is to file a Petition with the Superior Court for the dissolution of the marriage.
The other party, known as the Respondent (the party filing the petition is known as the Petitioner), may cooperate so that the matter may be settled (uncontested divorce), files a Response contesting the issues presented (contested divorce), or may not file a Response.
If the Respondent does not file a response, the matter is considered a default divorce.
When this is the case, the default is entered by the Court and the divorce continues on without the Respondent.
If it is the case that the other party has signed that they have received the petition or have been properly served with a summons and petition and has not responded after 30 days, then they are considered in default.
Unless the other party is able to have the default vacated, they will be foreclosed from either responding or participating in the case.
After the entry of default has been made, there are a few other steps that must be taken to finalize the process.
Financial disclosure must be taken care of, as the state strives for a fair division of the community property and fair child or spousal support structures are in place.
It may also be necessary to prepare an order withholding income for child support, also known as wage garnishment.
This means that the other party's (paying party) employer to pay the receiving party a portion of the paying party's earnings for child support or for other reasons.
A judgment is a court order dissolving the marriage and resolving various issues including child custody, visitation rights, child support, spousal support, division of property, division of debts, etc.
Even in a default divorce, a judgment package must be prepared and submitted to the Court.
If a judgment includes child or spousal support orders or a restraining order, as well as other particular court orders, the judgment must be served to the other party.
If child support is involved, additional documents may need to be filed with the state.
Getting divorced is often a harrowing experience for those involved.
When children are involved, things may be even more trying-especially for the children.
Getting through the process with as little pain and suffering as possible should be a goal that all parents commit themselves to, as fighting between their parents is difficult for children.
The other party, known as the Respondent (the party filing the petition is known as the Petitioner), may cooperate so that the matter may be settled (uncontested divorce), files a Response contesting the issues presented (contested divorce), or may not file a Response.
If the Respondent does not file a response, the matter is considered a default divorce.
When this is the case, the default is entered by the Court and the divorce continues on without the Respondent.
If it is the case that the other party has signed that they have received the petition or have been properly served with a summons and petition and has not responded after 30 days, then they are considered in default.
Unless the other party is able to have the default vacated, they will be foreclosed from either responding or participating in the case.
After the entry of default has been made, there are a few other steps that must be taken to finalize the process.
Financial disclosure must be taken care of, as the state strives for a fair division of the community property and fair child or spousal support structures are in place.
It may also be necessary to prepare an order withholding income for child support, also known as wage garnishment.
This means that the other party's (paying party) employer to pay the receiving party a portion of the paying party's earnings for child support or for other reasons.
A judgment is a court order dissolving the marriage and resolving various issues including child custody, visitation rights, child support, spousal support, division of property, division of debts, etc.
Even in a default divorce, a judgment package must be prepared and submitted to the Court.
If a judgment includes child or spousal support orders or a restraining order, as well as other particular court orders, the judgment must be served to the other party.
If child support is involved, additional documents may need to be filed with the state.
Getting divorced is often a harrowing experience for those involved.
When children are involved, things may be even more trying-especially for the children.
Getting through the process with as little pain and suffering as possible should be a goal that all parents commit themselves to, as fighting between their parents is difficult for children.