When faced with negative experiences, it is s natural reaction to want to ignore the situation with the hopes that it will go away. A divorce can be a very unpleasant experience, but to simply ignore the case could cause even more troubles for you. What happens if you choose to ignore divorce papers that are severed on you?
Generally, there are only two types of divorce cases: contested and uncontested. Let us explain what occurs when you do not sign divorce papers in each of these types of cases.
Is Not Signing Divorce Papers an Uncontested Divorce?
An uncontested divorce is when both you and your spouse are in agreement as to all of the issues of your divorce (i.e., property, assets, debts, child custody, etc.). In these cases, the terms of the agreement are put into a judgment packet for both parties to review and sign, and it is submitted to the court for approval. Usually, the hope in these cases is to avoid court hearings and substantial legal fees.
If you decide not to sign the judgment packet, the agreement cannot be approved by the court. If your spouse wants to move the case forward, your spouse will either have to convince you to sign the divorce papers or have the case become a contested divorce, where substantial court proceedings may be necessary to reach a final judgment.
A contested divorce is where you and your spouse do not agree as to one or more of the issues in the case. This is the case in most divorces.
In this situation, if you decide to ignore the divorce process, there could be dire consequences. The normal scenario is when your spouse files for divorce, and arranges for you to be served the divorce petition. Generally, you have 30 days from the date you are served to file a response to the divorce petition. The divorce petition and response are court documents that let the court know what issues need to be dealt with in the case and what each party wants to achieve.
If you fail to file your response within that 30-day period, your spouse can then request for a default judgment against you. If the court approves the default judgment, the case could go on without your participation. This, of course, is a huge risk that you do not want to take with your case, so it is important that you hire an experienced divorce attorney to help you avoid such severe consequences.
Call the Experienced Divorce Attorneys at Wallin & Klarich
The divorce process is complex and confusing, but you should not attempt to simply ignore it. It is important to have an experienced California divorce lawyer review your case and advise you on the best options for you. The attorneys at Wallin & Klarich have been successfully handling divorce cases for more than 30 years. You can rely on Wallin & Klarich to make this difficult legal process as easy as possible for you.
Our offices are located in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, West Covina, Sherman Oaks, Torrance, Victorville and Ventura. One of our skilled lawyers can help you no matter where you work or live.
Call our offices today at (888) 749-7428 for a free phone consultation. We will get through this together.