The Pros and Cons of a Default Divorce, Explained

In America, around 45% of marriages end in divorce in 2021. Although a sad reality, it comes up again and again. When getting a divorce, there are a lot of choices to make. You need to know what goes into them before deciding to move forward.

One of those decisions is whether to get a default divorce. It is different than a standard divorce, as there is not a lot of back and forth with your partner. Read on below to learn more about the pros and cons of divorce and whether or not it is right for you!

How It Works

So what is a default divorce? This is granted when one party does not respond to the divorce proceedings. This can happen if the other party does not receive proper notice of the proceedings, or if the party does not file an answer to the divorce complaint.

In many cases, this is granted without a hearing, and the defaulting party does not have a chance to present their side of the case. Default divorces can be accepted on grounds of abandonment, desertion, or infidelity. In some states, one can file for default divorce on the grounds of mental cruelty or physical abuse.

What Are the Pros of a Default Divorce?

There are many advantages to going for a default divorce. Here are some of them:

You’re in Control

In a default divorce, you’re in control. You don’t have to negotiate with your spouse or come to an agreement on anything. You simply file the necessary paperwork with the court and wait for a judge to grant your divorce.

No Waiting Period

This means that you can get divorced very quickly and without having to go through the process of waiting for a court date and then waiting for the divorce to be finalized. This can save you a lot of time and money.

Quick and Easy

When it comes to default divorce, the process is quick and easy. This is because the divorce is based on the fact that there is no divorce agreement between the parties.

Therefore, the court will simply grant the divorce based on the fact that the parties are unable to agree. This type of divorce is often used when the parties have been estranged for a long period and there is no hope for reconciliation.

Affordable

A default divorce is an affordable option for couples who want to divorce but can’t afford the high cost. It is when the person who files for divorce doesn’t have to go to court and can instead have the divorce finalized by a judge. This method is often faster and less expensive than a traditional divorce.

Privacy

Another advantage of a default divorce is that it is private. The couple does not have to go through the public process of a divorce trial. This can be beneficial for couples who want to keep their divorce out of the public eye.

What Are the Cons of a Default Divorce?

There are also disadvantages of a default divorce that should be considered. For one, it may not be as legally binding as a divorce that is granted after a trial. This means that if the other party contests the divorce, they may be successful in having the divorce overturned.

The Impact of a Default Divorce on Children and Families

While this may be less stressful and costly for the adults involved, it can take a significant toll on the children. Default divorces often occur when one spouse simply disappears, leaving the other spouse to deal with the fall-out. This can be an extremely difficult and confusing situation for children, who may feel abandoned by one parent and unwelcome by the other.

Additionally, a default divorce can put a financial strain on the family, as the adults may need to take on additional jobs or sell assets to make ends meet. This can further add to the stress and chaos that the children are already dealing with.

The Negative Long-Term Effects on Both Spouses

Without the legal protections of marriage, both spouses may be left feeling unsupported and vulnerable. This can lead to financial instability, depression, and a general feeling of insecurity.

In some cases, the emotional and psychological effects of a divorce can last for years. The process of untangling two lives can be daunting, and it is often difficult to come to a fair agreement. If you are considering a divorce, it is important to weigh the potential advantages and disadvantages carefully.

The Risks of a Default Divorce

There are several risks associated with a default divorce. One of the biggest risks is that you may not receive all of the assets that you are entitled to. If you do not have a lawyer, you may not be able to negotiate a fair property settlement or child custody arrangement.

Additionally, you may not be able to contest the divorce if there are grounds for doing so. Also, a default divorce may hurt your credit score.

Getting Help

When it comes to default divorce, it is always best to get help from an experienced family law attorney. An attorney can help you understand the process and ensure that all of the necessary paperwork is filed correctly.

Additionally, an attorney can help you negotiate a fair settlement agreement with your spouse, if necessary. If you are considering a default divorce, contact a family law attorney today to get started.

Weigh the Pros and Cons Before You Decide

Although there are pros and cons to a default divorce, it is important to understand the process and what it could mean for you. If you are considering a divorce, be sure to speak with an experienced attorney to learn more about your options and what is best for your situation.

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