How To Proceed With A Default Divorce

default divorce Question:

I am in the middle of a divorce/custody battle and trying to obtain either full custody of our children or have my child support obligation lowered.

However, I have not been able to contact my wife in more than a month. We are at the point in our divorce where once she signs off on our property division agreement then we can finally be divorced, but I cannot contact her to finish this.

Is there anything I can do to finalize this process?


I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.

It sounds like your wife has essentially decided to cease all contact and involvement with you, your children, and the entire divorce proceeding.

If your state is like Colorado, where I practice, then you will be allowed to proceed in default. This means that even though one party has ceased cooperating, the divorce will still be finalized.

I would first advise asking the court for a status conference, so that the judge is aware of the situation.  If the judge says you may proceed in default, then I would advise submitting your own separation agreement and parenting plan to the court, wherein you are designated the primary parent.

However, I cannot guarantee that your state is similar to Colorado in this regard, and thus would advise speaking to an attorney in your state to understand your rights moving forward.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Colorado divorce attorney Heather Coleman, contact Cordell & Cordell

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