In most divorce cases, both partners are involved. They may go through mediation and make decisions on their own. They may go through litigation and have the court issue rulings about child custody, child support, property division and much more.
However, there is another option, which is known as a default judgment. This is used when only one spouse is involved in the divorce process. The court can still issue the default judgment and end the marriage, even though the other spouse was not involved. Why would this happen?
1. The other person refuses to cooperate
One reason for a default judgment is when one spouse simply refuses to cooperate and go along with the process. For instance, say that a man’s wife serves him the divorce petition. He doesn’t want to get divorced, so he ignores the summons and throws away the paperwork. He doesn’t attend any of the hearings and never files his response. The court still needs a way to grant his wife the divorce she is seeking, so the default judgment may be used.
2. The other person cannot be found
In other cases, it’s simply a matter of not being able to serve the other spouse the divorce petition or tell them when the hearings are going to occur. This can sometimes happen if a person has abandoned their family. Perhaps they are a foreign national who married a U.S. citizen, for instance, but then they left the country and went overseas. Their spouse hasn’t even seen them for years and wants to get a divorce. The courts can still grant that divorce.
This type of divorce can be a bit more complicated, and there are certain deadlines that have to be met, which can slow down the process. It’s crucial for those who are going through it to understand all the legal steps they need to take.