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Uncontested divorce and default

On Behalf of Palacios Law Group

Whether you are the plaintiff or defendant in a divorce case, it is important to understand key terminology and how your approach to the case affects your future. In New York and across the country, many divorces move forward uncontested. Sometimes, uncontested divorces occur because the other party does not disagree with any facet of the case. According to the New York State Unified Court System, a divorce is also considered uncontested if the other party fails to file a response, in which case they default.

When it comes to default, there are many different potential advantages and drawbacks and every couple is in a unique position.

Reviewing the potential benefits of default

Sometimes, couples mutually agree to end their marriage through a default divorce. When one party defaults, this often makes the divorce process more straightforward and reduces legal expenses. Although this helps some couples save time and money (while reducing court-related stress), default divorce carries serious concerns for many couples as well.

Considering the drawbacks that come with default

If you fail to file a response during your divorce case, you sacrifice your rights and the other party gains the upper hand. If you have children or assets at stake, this is often very concerning, especially since a default sometimes results in unfavorable and unfair outcomes. Sometimes, people trust the other party to pursue a fair outcome, but they regret this decision later on. It is important to understand that by failing to respond, one gives up his or her rights to contest the court orders. Moreover, some people do not realize what their ex is requesting in the divorce complaint.

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