In California, the divorce process is frequently more complicated and takes longer than it would otherwise. What happens if a party does not answer or participate in these proceedings? That is where the concept of a default divorce comes into play. California law will permit default divorce, whereby a case can continue to progress without a requested appearance from one of the parties by not answering a divorce petition within the period for such an action.
Familiarity with how default divorce works may benefit the people who are going through the divorce process considerably in terms of saving time and effort, not to mention sometimes the legal fees involved. Hiring a California Family Law Attorney makes a massive difference in smoothing things out. Here, we will discuss the Default Divorce In California.
What is a California Default Divorce?
A default divorce is when the party who wasn’t filing for divorce, the respondent, never answers within 30 days of being served with divorce papers. In such cases, a petitioner can proceed to grant the divorce based on his or her terms, and there will not be any concerns from the respondent; it is taken for granted by the courts that the respondent would agree to whatever terms the petitioner had put across. Moreover, the Judgment may sometimes be granted solely based on the terms of the petitioner.
Furthermore, It is helpful when one party will not cooperate or can never be located. To ensure that everything goes smoothly and to steer the process, one can consult a California divorce lawyer.
However, understanding the distinctions between an uncontested, contested, and default divorce is crucial.
What are the different types of divorces?
Divorces, California being no exception, are generally divided into three kinds; contested, uncontested, and default divorces.
-
Contested Divorce
Both parties are involved, and they do not agree on the conditions of divorce, either on child custody, division of assets, or even spousal support. This would call for a negotiation or longer trial in court.
-
Uncontested Divorce
Here, mutual agreement is present regarding all the conditions for divorce, and it is obviously less complicated and time-consuming. Both parties need to file appropriate papers and be present in court.
-
Default Divorce
In this scenario, a default divorce occurs after one party fails to respond. This type of non-attendance allows the petitioner to proceed without discussing or even obtaining the respondent’s permission.
Given these distinctions, seeking a divorce lawyer in California will ensure you do the right thing for your circumstance.
How to File a Default Divorce in California?
The first step is to file a divorce petition with a court of law. A petitioner is the individual who initiates the divorce process. Such a petition must typically be filed with a fee, though there are occasionally circumstances in which fees may be waived.
The petitioner has to serve the divorce papers to the respondent. This only can be done through a third party or process server based on the court procedures. Furthermore, After serving the respondent, he has 30 days to respond. If he does not do so before the elapsing time, the case falls into default.
Default Judgment Petition In case the respondent does not reply, a petitioner may file a default judgment request. An attorney specializing in California Family Law can prepare and file the paperwork for the default judgment and for all the other requirements appropriately.
The petitioner will also be required to provide a proposed judgment summarizing how the divorce would be concluded. This includes the aspects of child custody, child support, and the division of property.
The court will consider a proposed judgment after filing the case, and if everything is in good condition, an agreement will be reached to finalize the marriage.
Critical Considerations In a Default Divorce
Default Divorce Process in California
- The petitioner can request spousal support, or alimony, from a California Family Law Attorney.
- If children exist, the petitioner can file for child custody and support.
- In California, marital property is community property, and any acquired assets must be shared equally.
- Six months from the date of filing a petition for default divorce is mandatory, regardless of whether the divorce is contested, un-contested, or by default.
- The respondent can request the court to reverse their default status by presenting evidence.
- An experienced California divorce lawyer can guide the process and plead before the court to set aside the default.
Final Insights!!
Default divorce in California allows a case to proceed without a requested appearance from one party by not answering a divorce petition within 30 days. This saves time, effort, and legal fees. A California Family Law Attorney can guide the process. The respondent has 30 days to reply to a divorce petition that is initially filed. Not to mention spousal support requests, child custody applications, and equitable division of marital property are important factors to take into account
Recent Blog