A New Haven default uncontested divorce happens when one spouse does not participate in divorce proceedings. If your partner refuses to participate in a divorce, or you have declined to engage and now face a default divorce judgment, our experienced uncontested divorce attorneys at Dolan Divorce Law can help you.
We can explain how default divorce works and discuss other options that might help you achieve your goals. Our team can guide you through the process, however you choose to proceed.
To default in a divorce action means the responding spouse does not appear in court to contest the divorce. When someone files to dissolve their marriage, copies of the documents must be served on the other spouse. The documents served include the deadline for the spouse’s response.
The responding spouse’s attorney must file a Notice of Appearance with the New Haven Superior Court, indicating they represent the spouse in the divorce. If the court has not received the responding spouse’s answer or a Notice of Appearance by the deadline, and the spouse does not come to court to contest the divorce, the judge can enter a default undisputed divorce order in New Haven.
Default divorces often occur because one spouse wants to leave the marriage and the other wants it to continue. The spouse who wants to stay married may incorrectly believe that by ignoring the divorce papers, the divorce cannot go forward.
A default divorce may also happen when a spouse cannot be located. In that case, Connecticut courts require evidence that there was a thorough investigation to locate the spouse, including:
If the court is satisfied that the investigation was thorough but did not yield results, it may authorize serving the divorce papers by alternative means, such as publishing them on the judicial website.
Connecticut General Statutes §46b-67 allows a court in New Haven to grant a default divorce if a spouse fails to appear, whether voluntarily or because they have disappeared and are not aware of the filing. However, there are numerous procedural hurdles and potential complications, so it is important to work with a skilled divorce attorney from Dolan Divorce Lawyers.
If one partner defaults on the initial court hearing, the judge will review the filing spouse’s property and debt division proposals. When those terms appear acceptable and the filing spouse has complied with all New Haven legal requirements, the judge may then enter a default judgment of uncontested divorce. In situations where child custody remains unresolved, the court may also issue temporary custody orders.
The judge can reopen the proceedings within four months from the date of judgment upon a showing of good cause. In that case, the defaulted spouse would have to appear and provide a good reason for not participating in the initial proceeding. After four months from the date of judgment, the defaulted spouse must meet a much higher standard to obtain a motion to reopen based on fraud or a mutual mistake of material facts.
If the other spouse does appear before a default order enters, and is in agreement with the filing spouse’s proposals, the divorce can go forward as an uncontested divorce. However, the divorce becomes contested if the now appearing spouse objects. The couple will then need to negotiate an acceptable settlement or take the divorce to trial.
A default can complicate a divorce action and lead to uncertainty. You need a confident and capable attorney to help you manage the situation. Contact the team at Dolan Divorce Law for help with a New Haven default uncontested divorce.
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