In most divorce cases, both partners are involved. Whether they go through mediation or litigation, they are both part of the divorce process. They work with the court as they make decisions regarding property division, child custody and much more.
A default divorce judgment, on the other hand, can be used when only one spouse is involved. This gives the court an option to grant a divorce to one person, regardless of their spouse’s role in the process. They are not trapped in their marriage or unable to get divorced. The court issues the default divorce judgment, which often means that the spouse who is involved is more likely to get the terms they want regarding custody of their children or how their marital assets will be divided.
Your spouse will not cooperate
One reason why this may be done is if your spouse does not cooperate with the divorce process. Perhaps they do not want to get divorced. You serve them the paperwork, but they just wait out the deadline and never reply. They may think this prevents you from ending the marriage, but the reality is that you can just use a default divorce to do so anyway.
Your spouse cannot be located
In other cases, people will acknowledge that they have not been in contact with their spouse for some time and that the two of them are estranged. They may not be able to communicate, and they may be living in different states or even different countries. In some cases, when the other spouse cannot be located or informed, the court has no choice but to use a default divorce judgment.
This helps to show how you can get divorced even if your spouse is not necessarily on board, and you just need to know what legal steps to take.