When a spouse doesn’t participate in the divorce process, it’s sometimes necessary to use default divorce as the tool to end a marriage. Thankfully, Colorado doesn’t require both parties to approve to obtain a divorce. While the default divorce process is relatively straightforward, you will want to have a top divorce lawyer by your side to navigate the entire divorce process.
A default divorce is the term given to a separation that occurs when one party doesn’t respond to the papers. When the defendant doesn’t answer the complaint or appear for divorce court proceedings, the divorce judgment is entered against them.
Cost of Default Divorce
The cost of a default divorce will depend on your situation. Straight forward filings that don’t require custody, alimony or parental rights cost far less than complex cases. For a Colorado default divorce, a consultation with Thomas Ramunda at one of our Denver Law offices will help explain the next steps in the divorce process. After this consultation, you will receive a better estimate as to what a default divorce in Colorado will cost for your particular situation.
How Long Does it Take for a Default Divorce?
The default divorce takes place thirty days after your spouse receives a notification. By refusing to respond to the divorce papers, the filing enters into default status. From there, you will be required to finalize the divorce with a judge who signs off on the paperwork.
What is a Default Hearing?
When dealing with a default divorce, you need to understand the basics of the hearing. Once the defendant does not respond to the divorce papers, a hearing is scheduled. You will need to take your final divorce papers with you to the hearing, and there you will receive a decree from the judge.
Can You Contest a Default Divorce?
If there has been a valid mistake or error made, it is possible to contest a default divorce. If you choose to contest a default divorce, you would need a qualified divorce lawyer. Thomas Ramunda is a divorce lawyer in Parker with over a decade of experience in divorce law. Legal representation can handle the filings and navigate the court system for you. Still, it is up to the discretion of the court if your case will be heard or not.
Can a Judge Deny a Divorce?
Colorado has no-fault divorce, meaning that one party doesn’t need to be blamed for the marriage failure. This makes getting a divorce much easier for both parties. The judge won’t deny a divorce but could extend the proceedings to give the other party more time to respond. In states where fault needs to be determined to grant divorce, the court can deny a divorce if the defense is successful in proving that prosecution failed to prove fault as the grounds of divorce.
Can I Refuse to Divorce?
If you don’t want to get a divorce, it’s wise to ask your spouse for marriage counseling. If that doesn’t go as planned and the other party still requests a divorce, there isn’t much you can do about it. If you don’t respond to the divorce proceedings, a default divorce will eventually be entered against you. It’s wise to participate in the proceedings, so you have say over the outcome.
If there is domestic violence in the marriage, it is helpful to file police reports about the incidents. This will further back up your claims when it comes to getting a default divorce, no-fault divorce, or divorce in general.
Divorce Lawyer in Denver, CO
When the time comes to move forward with a divorce or default divorce, Thomas Ramunda Jr. is a highly qualified Denver-Parker divorce lawyer that has helped families just like yours for more than 25 years. Default divorces are tricky and require plenty of skill. Sit with the law offices of Thomas Ramunda Jr. at South Denver Law at either the Parker, CO or Denver, CO location to get the consultation and representation you deserve.