Why File California Default Divorce When Parties Agree

Why File California Default Divorce When Parties Agree

Today we’re talking about specifically filing a default judgment even though the parties have agreed.

There are time when you wanted to do a default style case, this is where you file, serve your spouse and the other spouse does absolutely nothing.

One of the cases that we find this helps is if you have no property, you have no children or limited property or you can have children but it is easier if there’s no children and if the property is separate property is you can purposely do a default even if the parties agreed.

I’ll give you an example of the client today. She came in, they had very little property, what property she did have was separate property, meaning it was not subject to division and no children and the spouse was here but did not want to participate and said, I’ll agree to whatever she wants.

We strategically set this up. That’s the word I was looking for. Strategically set this up as a default. He knew exactly what she was asking for in the divorce.

He had no issue with it so he’d chose to not respond intentionally and we’re going to allow this to go through default.

Default again is where a party files, serves the spouse and the other spouse does nothing. Doesn’t enter into a written agreement and doesn’t respond and does literally nothing and that can strategically be done if the parties are in agreement.

And there’s other reasons to do it but we are specifically talking about doing this in a strategic way to either save money on court fees why should the other party response and pay for response fee if which is as much as $435. Why should he do that if he’s in agreement with everything.

So, we sat down, we drafted the default, knowing it’s going to be a default judgment, drafted the judgment and we’re going to submit that to the court and everyone’s happy. They’re in agreement but they are putting it through as no agreement to save some money so the other spouse don’t have to be bothered with paperwork or be involved whatsoever.

If you any questions about whens it is best to use a default judgment or any other type of judgment, please give us a call, I’d be happy to help you with your divorce in California.

Tim Blankenship, divorce661.com, 668-281-0266.

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