Default Divorce & Constructive Service - Divorce Documents
How to Divorce If You Can't Serve Divorce Papers Default Divorce
If you are unable to locate a spouse or a spouse refuses to sign the divorce papers, there is a solution to getting a divorce. In divorce proceedings, it's not uncommon for either party to try to drag out the proceedings as long as possible. Sometimes the prevailing sentiment is to simply ignore it and it may go away. The truth is that if one party is unresponsive to the divorce papers sent to them, the person seeking the divorce still has options in terms of moving forward with the divorce, as opposed to being held hostage by the person who simply is not signing the paperwork. The option available is called a default divorce or divorce by publication.
Typically, divorce papers will be delivered to an individual by a constructive service method. Depending on the state laws regulating the time frame, a person will have at least 30 days to respond to being served with divorce papers. If for some reason the person does not respond, or there is not a non-military affidavit or an affidavit of service to the military to explain their non-response, then the person seeking the divorce can request a default divorce from the courts.
While this can take some time to be granted, sometimes up to 90 days, it may not always be the best option if you're looking to get a divorce. If you're looking for alimony payments or child support, none of these issues will be taken into account when a default divorce is awarded. If you need these types of issues to be worked out, it's in your best interest to do everything you can to bring the other party to court. If, however, you have few assets together, no children, or you simply want to walk away without anything and are just looking for the divorce to be granted, a default divorce will be your best option with a non-responsive spouse.
US Legal Forms offers affordable, top quality divorce forms and state-specific divorce packages that allow you to easily file for divorce. If you are unable to serve divorce paperwork or the other spouse refuses to sign, we have a wide selection of forms to apply for a default divorce or divorce by publication, such as an affidavit of non-military service and affidavit of diligent search. In any situation, as it relates to divorce, especially when the served party has been non-responsive to all divorce proceedings, you should first speak with a legal expert who handles divorce cases if you have questions. This is the best way to get a better handle on your individual situation and on ways you should best proceed.
Tips for Preparing Default Divorce & Constructive Service
- Carefully choose a state to file for dissolution of marriage. Some states offer more beneficial conditions for a divorcing person in comparison with others regarding laws, simplicity of filing, and costs. Nevertheless, before preparing Default Divorce & Constructive Service, you need to verify whether you meet the residency requirements of the respective state. Also, it’s important to take into account that if you file for divorce first in the selected state, this state usually takes jurisdiction over the legal procedures.
- Research your financial situation and outstanding debts. To actually obtain your fair share after your dissolution of marriage, you need to know better what both you and your partner owe and own mutually and independently. The court requires both parties to reveal where a couple is financially and submit these details along with other divorce documents.
- Plan funds and property division and child custody with your partner in advance. Providing you come to a mutual agreement concerning everything, you can indicate it in the marital resolution agreement and move forward with an uncontested divorce. It’s far less costly and more peaceful compared to a contested. You can find all the needed documents, such as Default Divorce & Constructive Service required for an uncontested divorce in the US Legal Forms catalog.
- Start collecting divorce papers. The dissolution process is initiated as soon as you submit the Petition for Dissolution of Marriage. Depending on your situation, you might need to add more documents down the road. You can find the required divorce paperwork and educational materials on creating Default Divorce & Constructive Service using US Legal Forms and its straightforward purchase option. Based on your responses, the system will put together the state- and case-specific papers for you.