Going through a divorce is never easy, especially if you aren’t ready or if your spouse caught you off guard. Many people are under the impression that if they do not consent to the divorce, their spouse will be unable to complete it. So they ignore the court notices and letters they receive and refuse to engage in any settlement negotiations with their spouse.
The reality, however, is that ignoring the divorce will not make it go away. If you ignore your spouse’s efforts to obtain a divorce, he or she may still be able to complete the divorce process by obtaining a default judgment of divorce against you. Under those circumstances, you may be faced with a situation in which you have had no say in the terms of your divorce. You will have had no input in the distribution of property, the payment of alimony and child support, and other rights and obligations that are often bargained for between divorcing parties. It may be possible to undo a default judgment of divorce, but the success of it will depend on several factors, including but not limited to the amount of time that has passed since the default judgment was entered.
Do not place yourself at risk of having a default judgment entered against you. If you believe that a default judgment may be entered or has been entered, be sure to consult with an attorney to understand your rights. [Posted by Jenny Birz, Esq.]