While many marriages breakup because both spouses want a divorce, sometimes one spouse does not respond to the divorce petition at all. If you have filed for divorce and your spouse does not respond, then the petition can lapse after some time. This can lead to delays and loss of money on your part. To avoid this, you can ask your divorce lawyer to explore the possibility of requesting an entry of default against your spouse.
The Law Trumps All
When only one spouse wants a divorce, it does not mean that the other can avoid the issue entirely by not responding to the divorce petition. All that they can hope to gain is the distinction of not participating in the proceedings. In such a case, the court will consider the divorce petition made by you. At this point, you will have to also provide the proposal for the outcome of the divorce. This can include your desire for equitable division of property, child custody, and so on. Even if your spouse does not participate in the proceedings, that is, defaults, the courts will make rulings only in accordance with the law.
Delays are Counter Productive
Another point to keep in mind when you ask the court to declare your spouse at default in the proceedings is that they choose to enter the proceedings at any time until the final decree is passed. However, the longer the delay, the lower their chances of influencing the proceedings with their arguments.
Going through a divorce can be absolutely terrible. Some divorces scar people psychologically for life. One of the measures that can prevent a divorce is by taking a proper pre marriage class. Some people agree to get married and they do not even know each other!
If you have received notice of a divorce petition filed by your spouse, you should consult with a divorce lawyer and participate in the proceedings. This will provide you with a greater chance of influencing decisions in your favor by representing your case. Even if the divorce is acrimonious, ignoring the notice and defaulting will only harm your interests.