In most cases, when two people get divorced, they go through the court process together. They either use mediation to come up with a parenting plan and asset division arrangement on their own, or the court makes a ruling and hands down official court orders governing how these things will be addressed.
But there is another option, where the court can authorize a default divorce. This typically means that only one spouse is present for the legal process, but they can still get the divorce even without the cooperation of their partner. Why would they need to do this?
When their spouse doesn’t respond to the petition
A default divorce is typically used when one person doesn’t respond to the divorce petition. For instance, maybe they don’t want to get divorced, and so they simply refuse to respond entirely, hoping that their partner will relent and stay married.
There are also cases of abandonment when it may become impossible to find the other person and serve them the divorce petition. A default divorce can still be used so that the other person isn’t trapped in a marriage to someone who isn’t even involved in their life.
Furthermore, the default option can sometimes be used when one spouse misses court dates or hearings. After all, the court can set these up and it’s important for both partners to attend, but if one person simply skips the court appointments or refuses to show up, the court needs to be able to proceed with the divorce process anyway.
If you’re in a position where a default divorce may be necessary, take the time to carefully look into your legal options.