A Default Divorce Takes Power Away From The Unresponsive Spouse ?

Some spouses involved in a marital dissolution mistakenly believe that if they choose not to sign their court forms or opt to disappear altogether, the other spouse won't be able to get a divorce as a result and the two will remain married for the long haul.


Luckily for the spouse who does the filing for divorce, the family law court has recognized that this particular scenario occurs quite often.

And, there is even a name for it.

The term that describes this divorce situation is coined the "default divorce."
As such, a law has been implemented to allow the divorce process to continue regardless if the opposing spouse makes the choice to ignore the paperwork that has been served upon him or her.


A law as strict as they come, the divorce court and presiding divorce judge will penalize an unresponsive spouse by taking away his or her privileges during divorce.

What does this mean for the uncooperative party?
The spouse who opened up the divorce case will receive everything he or she has asked for when it comes to aspects such as property division, child support and/or spousal support amounts, and custody and visitation schedules for any minor children born of the marriage.

Meanwhile, the court views a lack of response as that spouse's way of saying he or she does not care how the dissolution proceeds.

The phrase "be careful what you wish for" fits amply into the mix at this juncture.
By not providing a response, the indifferent spouse is given exactly what he or she has requested - absolutely no further rights or participation in the case, and the subsequent inability to make any kind of marital decision thereafter before the final judgment for divorce is granted by the judge.

However, it is important to note that a default divorce is not as simple as one spouse choosing to become scarce or not to sign the papers, and the other spouse receiving all that is asked for as a result.

Although the family law courts have come up with the default method to allow divorces to become final regardless of an unresponsive opposing party, there are still many steps the petitioning spouse must take before the default judgment is granted.

For example, the spouse who originally filed the case has to show proof to the court that an attempt was made to get in touch with the other party.

This is done by publishing an ad containing a copy of the divorce summons. The publishing is done in the local paper belonging to the city where the contemptuous party was last known to have resided.
But before the ad goes to print, an application for permission to publish it must first be filed with the court.
Known as an ex parte application and filed without notice to the other party (hence the name 'ex parte,'), the "Ex Parte Application For Publication Of Summons" form makes the court aware that the petitioning spouse is planning on using this method to try and get in contact with the other party and alert him or her to the court action at hand.


Filed along with the Ex Parte Application For Publication Of Summons is the "Declaration In Support Thereof" and the "Order For Publication Of Summons."

When these documents have been approved by the judge, the petitioning spouse can then go ahead with publication of the ad containing the divorce summons.

The ad must run for four consecutive weeks, with a period of at least five days between each publication, to give the responding party plenty of notice that he or she is being sued for divorce.

And if that spouse still ignores the pending court action, the petitioning spouse can then move forward in obtaining a default judgment.

What else is involved in the process of obtaining a default divorce judgment?
In a normal divorce proceeding where each party will sign the documents, the next step would be to sign and notarize the Marital Settlement Agreement.

How To Get A Divorce The Easy Way !

How to get a divorce is a question that should be taken very seriously. The actions you take or do not take in the very beginning can make or break you financially. Getting a divorce can be complicated and expensive. Dealing with the fact that your marriage is over is difficult enough, but unlike a breakup with a boyfriend, ending a marriage involves legal implications, property division and support and care of any children you may have together.


Too often a divorce that should have been simple and clean cut turns into a nasty battle that can cost both you thousands in attorney fees, emotional distress, and psychological damage to your kids.

 So why isn't there a simple, easy way to divorce without destroying your family, finances and any chance of a civil relationship with your ex? The answer may surprise you. Often the first thing someone does when trying to figure out how to get a divorce is hire a divorce lawyer. This is often done without much serious research, your neighbor may of recommended her attorney and you hire the first lawyer you interview.


This is a huge mistake. You must be very careful about choosing a divorce attorney. Why many divorces end up in bitter, long drawn out battles, is because of the divorce attorney himself. Shockingly, many divorce lawyers do not want you to amicably settle your divorce.

After all, this is how they make their living. If you or your spouse falls into the hands of an unscrupulous divorce attorney, your divorce can become a nightmare.

Some of the signs to watch out for are divorce lawyers who encourage you to "get everything". They reassure you that you will win your divorce and get the majority of the marital assets.

They boost your confidence and give you false hope. The truth is that most states have specific laws about the division of property and assets in a divorce. Some states split martial assets between divorcing couples while others use equitable distribution.


The divorce attorney's goal is drag your case out long enough so that he can use up your retainer and get additional funds from you. Other ways he may do this is by not answering the opposing attorney's phone calls and offers to settle. He may not file the appropriate court documents and have court dates adjourned, all while charging you by the hour.


The easiest and most simple way to get a divorce is to first seek out a mediator. Now this will only work if your spouse agrees. Before hiring divorce lawyers, see if the two of you can settle things in a civil manner and divide you assets fairly. If this is impossible, then you need to do your research and find the best divorce lawyer in town. Ask people you know for recommendations and then follow up by visiting with several lawyers before making your final choice.

You want to find a divorce lawyer who is ethical, honest and has a history of successful cases. Ask for references. A lawyer, who is well known and has a good reputation, especially at your local family court, can be a huge asset.


Most of all, keep in mind that divorce is not always fair and chances are neither of you will be completely happy with your settlement in the end. It is a give and take process.

If you are faced with a vengeful, out of control spouse, you will need to protect yourself and your finances, by having the best representation you can hire. Learning how to get a divorce can be a draining, time consuming process, but if you do your homework and keep your emotions in check, you can have a positive divorce outcome.

Divorce and Child Depression - Are They Related !

Divorce and child depression may very well go hand in hand as parental separation and divorce can be totally devastating for children and teenagers.


Major life changing events are usually the cause of depression, with divorce topping the scale for children and teen depression. Imagine how hard it is to watch the two people you love the most no longer living and guiding you together as it was. With the family unit broken, lives turned upside down you may have to watch for the onset of child depression.


Children and teens often feel stuck in the middle of their parents divorce and not understanding the new rules to which apply to their new lives. They have a very hard time excepting the realism of divorce and finality that comes with the termination of a marriage.


Every persons reaction and coping mechanisms are different. While many children will handle this new situation with relatively few problems or permanent negative effects while for others, the act of divorce can be very traumatic and long-lived.


The trauma created by divorce is determined by the child's experience of the event, not simply the event itself. Every child in the family could have a dramatically different emotional reaction to the changes related to divorce. Some children believe that they caused the breakdown of the marriage.


Your attitude and coping skills will shape your children's attitude. The words and actions you choose can either expose your children to unnecessary emotional pain or help them develop in positive ways.
Depression and anxiety may start at the separation by my occur for years after the divorce. It may also reoccur during special events, weekends, holidays, birthdays or any time your child misses the complete family unit.


Here are some steps to decrease the chance of your divorce and child depression

1. Honesty is the best policy: Be honest with yourself about the potential for emotional trauma in your individual children.

2. Communication: Allow your children to communicate openly with each parent.

3. Choices: By offering your children choices, whenever possible, will increase their sense of control over their lives.

4. Support: Get the proper support for yourself and your children, It may differ for each individual.

5. Normal Activities: By keeping life as normal as you can with the same routine, same activities.

There is nothing more agonizing in divorce than seeing the effect it has on your child? Even though the marriage ending may be a good thing the result it has on children can still be devastating. Learning ways to help your children cope with the negative long and short term effects of separation and divorce can help to prevent depression and decrease the effects of divorce and child depression.

Faye B. Roberts is an independent researcher and author on depression and divorce and is assisting others in their quest to understand the chain reaction this can cause. Discover a new way of thinking and coping with divorce and depression that will change the way you look, feel and live your life.