A Declaration for Default in Divorce Cases: What Is It?

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Things don’t always move smoothly in divorce cases. If your partner refuses to engage in the process, you can request a default judgment, which streamlines the divorce. Filing a declaration for default is about protecting your right to move on.

This process involves specific legal steps and documentation, known as the steps to file a declaration for default. They help streamline the process.

But what’s a declaration for default, and why is it important?

Here’s everything you need to know about it, including the steps to file a declaration for default.

What Does a Default Divorce Mean?

A default divorce occurs when a respondent fails to respond to the divorce petition within the legally-specified timeframe, usually 30 days. This lack of response allows you (the petitioner) to move forward without opposition. It’s like winning a case because the other party didn’t show up to court.

A declaration for default is a formal document filed by the petitioner to inform the court that the respondent has not responded. It also outlines the terms the petitioner wants finalized, such as property division, child custody, and support.

Benefits and Drawbacks of Default Divorce

Default divorce offers some clear advantages:

• Without the back-and-forth of contested proceedings, the process moves faster.
• Reduced legal complexity means reduced expenses for both parties.

However, there are potential downsides:

• The respondent’s absence means they don’t have a say in the final terms, which might lead to inequitable outcomes.
• A respondent can later request to set aside the default judgment under certain circumstances, like improper service.

The Process of Filing a Declaration for Default

If one person in the divorce process isn’t cooperating or just doesn’t respond at all, here are the steps the other party can take:

Step 1: Filing the Petition

This is where the divorce officially begins. The person who wants the divorce (called the petitioner) files a document with the court. This document explains why they’re filing for divorce and what they’re hoping for, like custody of the kids, dividing property, or financial support.

Step 2: Serving the Other Person

Once the petition is filed, it needs to be delivered to the other person involved in the divorce, the respondent. This step is called “serving.” It ensures that the respondent knows about the divorce and has the opportunity to respond.

Service is usually done by a professional process server or law enforcement officer to make sure it’s handled properly.

Step 3: Waiting for a Response

Once the papers are served, the respondent has a set amount of time, usually about 30 days or so, to reply. During this time, they can agree, disagree, or propose changes to the terms in the petition.

But sometimes, they don’t respond at all. If they miss the deadline, that’s when you can move forward with filing for a default.

Step 4: Filing a Declaration of Default

If the other person doesn’t respond, the next step is filing a declaration of default. This means you’re asking the court to move forward with the divorce without their input.

To do this, you’ll need to fill out some forms, like a Request to Enter Default, and include proof that you followed all the steps, like serving the papers correctly. It’s a bit of paperwork, but it’s how you show the court you’ve done everything by the book.

Step 5: The Judge Makes a Decision

Finally, a judge will look at your paperwork to make sure everything is in order. If everything checks out, they’ll approve the default judgment. This means the divorce is finalized based on the terms you requested in your petition.