Default Divorce

Southern Minnesota Default Divorce Attorney

Divorce is never an easy process. Even if the divorce is an uncontested one, it is still stressful, especially because the end of the marriage is the end of a period in your life. In the case of a default divorce, you would think the stress would be even less, but that isn’t necessarily so either. There is a lot to do to complete the divorce process.

Fortunately, Birkholz Law, LLC is there to help you through the divorce process. You will work with a Mankato default divorce attorney who keeps your best interests in mind and will move through the process as smoothly and quickly as possible.

Default Divorce Vs. Uncontested Divorce

A default divorce sounds different because it is a divorce that is uncontested. However, it is different than an uncontested divorce in that an uncontested divorce means that both parties agree on the terms. In a default divorce, the other party simply does not respond. This means they aren’t agreeing or disagreeing with the matter. By defaulting on the divorce like this, he or she is forfeiting everything that the filing spouse has requested. In other words, the spouse who files for the divorce will receive everything that they ask for, which can include desired property and alimony.

Your Southern Minnesota default divorce lawyer will make sure that all of the paperwork is filled out correctly so that everything that is requested in the petition is received. Once the divorce is final, everyone keeps moving forward with their lives.

The Default Divorce Process

To file for a divorce, you have to be a legal resident of Minnesota for at least six month. The divorce petition is filed in your county of residence or the county in which your spouse lives. You can specify why you are filing for the divorce, such as an irrevocable breakdown (couple has lived apart for 6 months), financial issues, abuse, infidelity, or irreconcilable difference.

Through a divorce hearing, the court determines how property will be divided and who will receive custody of the children if there are children. This is the process that is typical of a contested divorce. When default occurs, the non-filing spouse does not acknowledge any aspect of the process. This means the filing spouse will be granted custody of the children and the judge will move forward with determining how much spousal and child support needs to be paid by the other spouse. The filing spouse will provide the income information so this determination can be made. The divorce attorney can help obtain this information if needed.

Contact A Mankato Divorce Lawyer

Divorce is difficult despite the type of divorce. A default divorce is different from an uncontested divorce. In a default divorce, one spouse does not respond to the divorce request. This means they are not agreeing or disagreeing with the matter. That is why it is called a “default” and he or she forfeits any property or other terms requested by the filing spouse. If you wish to file for divorce, Birkholz Law, LLC can help you. Whether it is contested, uncontested, or a default divorce, we can help. Call us at the Mankato office at 507-387-2100, the St. James office at 507-375-3374, or Westbrook office at 507-274-6501 for a free consultation.