Sunday, June 12, 2011

DO WE HAVE A DEFAULT DIVORCE IF WE AGREE ON THE ISSUES?

QUESTION: What is a default divorce? My spouse and I have don't have any disputes over how to proceed with the divorce. Is this considered a default divorce? Will this speed up the process if it is considered as such? Do they have default divorces here?

MY RESPONSE: It isn't a "default divorce" if you and your husband agree how the issues should be settled.

A "default divorce" is a divorce where the respondent fails to file a response, the Petitioner files a request to enter the Respondent's default, and proceeds after the Respondent's default is entered by way of a default hearing.

You would be better off not to default in your divorce, but instead to enter into a Stipulated Judgment without your default being entered.

It is faster and easier to settle the case that way, and leaves you less vulnerable to surprise.

You should consult with an experienced Family Law Attorney to ensure that you are well advised as to your rights and obligations, to avoid the risk that you may be misinformed and may be giving up valuable rights.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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