Have you been served
divorce papers? If so, you may be in shock right now or perhaps you have been
mentally preparing for this moment because you knew it was coming. So,
what do you do next? What happens if you ignore the divorce petition?
If you do nothing and do not respond to your spouse’s divorce petition,
your spouse will receive what’s called a “default divorce.”
This means that by ignoring the divorce petition, you are waiving your
right to have any kind of say about your own divorce.
Should You Do Nothing?
Before you even consider doing nothing, sit down and read through the divorce
papers filed by your spouse very carefully. This is critical because whatever
your husband or wife is asking for, if you ignore the petition, he or
she is probably going to get it. Meaning, the judge will most likely sign
off on it, and incorporate your spouse’s wishes into the official
court order-divorce decree.
As divorce attorneys, we do not recommend a default divorce. In almost
all situations, our clients prefer to be a part of the decision-making
process, especially when there are minor children involved or assets to
When your spouse files for divorce, you’ll want to negotiate an agreement
Do I Need a Divorce Attorney?
We highly recommend having a divorce lawyer guide you through the divorce
process. When you try to negotiate the above issues, you may agree on
them all, or you may agree on some of them, but not others.
Whenever you sign a divorce agreement, it’s important that you fully
understand what you’re agreeing to. Child support, for example,
involves specific legal requirements, so it’s important that you’re
following the rules, and it can be hard to know what these rules are without
talking to a lawyer.
If you have any questions about your divorce agreement, or if you’re
not sure what is in your children’s best interests, you absolutely
want to enlist the services of an attorney. Not only that, but it’s
always best to contact a lawyer before signing anything.
Contact Claery & Hammond, LLP to meet with a San Diego divorce attorney for free.