The pros and cons of default divorce

On Behalf of | Nov 15, 2021 | Divorce |

If you want to bring your marriage to an end, you have various options, and it is vital to go over your unique circumstances when determining the best path forward. Moreover, you should recognize key divorce terms. Couples sometimes end their marriage in contested, emotional divorces, while others are able to agree on all key terms and work together amicably.

In some instances, a divorce goes into default. It is important to understand the potential pros and cons of getting a default divorce before moving forward with this option.

What is a default divorce?

According to the New Jersey Courts, a default divorce takes place when one party fails to file a response to their spouse’s divorce petition. If one spouse files for divorce and notifies their marital partner, and that party does not respond to the divorce within a certain period of time, the court will enter a default judgment.

What are some potential perks and drawbacks of default divorce?

Sometimes, people decide not to respond to their spouse’s divorce petition in court. For example, some people trust their spouse and agree with the terms of the divorce, and choose not to file a response. In some instances, a default divorce is more convenient and helps people save time as well as money while working through the divorce process.

However, default divorce can have serious drawbacks. If you fail to file a response, you will not have any say during your divorce, giving the other party the upper hand. Moreover, some people are not aware of certain elements of the divorce petition, leading to unfavorable outcomes with respect to various family law issues (child custody, property division, etc.). Make sure you weigh your options and take steps to safeguard your interests.