How Long Does A Default Divorce Take?
A default divorce is usually a simple method of ending a marriage. However, most times, it comes with pitfalls. The steps and forms you need to complete a default divorce usually vary from one state to another. Nevertheless, the basic principles do not change. One spouse effectively files a divorce complaint in court, and the other doesn’t answer or appear in court. When this happens, a court passes the divorce judgment against the defendant’s spouse. Although it sounds simple, it has cons that a top lawyer like the Worcester divorce lawyers can walk you through.
In simpler worse, if a spouse ignores the notice of the desired divorce from their spouse, they will still find themselves divorced at the end. Keep reading for more information on default divorces and how long it takes.
Default Divorce in Details
A divorce is usually by default if a person files for divorce but doesn’t respond to their spouse. If the other spouse intentionally ignores the paper and doesn’t respond, the divorce is ruled default. Typically, the response deadline is usually 30 days after the petition is sent to them. In such a case, the spouse who petitions has the right to proceed with the divorce without the defendant’s presence. If the defendant intentionally hides from the process server to delay the process, the court would permit the petitioner to summon the spouse in various ways. The petitioner can even hasten the process if they have a fierce litigator like the Worcester divorce lawyers. If the defendant continues to evade, the divorce by default process begins.
Once the process begins, the defendant will find it difficult to regain their right. If they continue to avoid issuing a response, the petitioner gets the divorce according to their wishes without the defendant being available to contest anything. Once the court finalizes the divorce, you can’t rescind or take back the divorce. It doesn’t matter if the defendant never received the petition or had no idea the spouse filed for a divorce. Typically, a default divorce could take as long as 6-12 weeks to complete, depending on if the defendant eventually shows up.
How to start a default divorce?
Many courts have websites with links to forms and instructions on how you can start the process. However, you can always visit a local courthouse for information or hire one of Worcester’s divorce lawyers to help you with the process. Self-help family law centers are another option and usually have divorce forms readily available. Once you have the forms filled, you must deliver the paperwork to your spouse through the different methods accepted in your state. If the spouse doesn’t respond in time, you only have to appear in court and ask a judge to enter the divorce orders you requested in your complaint. That’s it! The process begins, and the length depends on if the defendant eventually shows up.