The downside of default divorce

On Behalf of | Apr 8, 2024 | Divorce

Divorce is a difficult and emotional process that can have lasting impacts on all parties involved. When a couple decides to end their marriage, there are typically two main options for how to proceed: contested divorce and default divorce.

It is important for those approaching the end of their marriage to review the potential drawbacks of a default divorce.

One spouse does not participate

In a contested divorce, the couple works together to come to agreements on issues such as division of assets, child custody and alimony. However, in a default divorce, one party does not participate in the process. This allows the court to make decisions on their behalf. According to the Judicial Branch of California, people can move forward with a default divorce if their spouse does not respond to divorce papers within 30 days.

While default divorce may seem like a simpler and quicker option, it can often be a bad idea for several reasons. One of the biggest drawbacks of default divorce is that it can lead to unfair outcomes for both parties. When one spouse does not participate in the divorce proceedings, the court may make decisions without considering their input or perspective. This can result in a settlement that does not accurately reflect the needs and interests of both parties. It can lead to feelings of resentment and dissatisfaction. Additionally, default divorce can also lead to an imbalanced division of assets and financial support, leaving one party at a disadvantage.

Long-term concerns

Another reason why default divorce can be a bad idea is that it can create long-term consequences that are difficult to reverse. Without active participation from both parties, important issues such as child custody and visitation rights may become decided without taking into account the best interests of the children involved. This can lead to strained relationships and ongoing conflicts between co-parents, impacting the well-being of the children involved.

By opting for contested divorce instead, couples can work together to reach fair and mutually beneficial agreements, ensuring a smoother transition and better outcomes for everyone involved.

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