What is a default divorce?

A default divorce occurs when one spouse initiates divorce proceedings and the other spouse does not respond or participate in the legal process. This can result in the court granting the divorce based on the initiating spouse's petition.

Default Divorce Process

When one spouse files for divorce and serves the other spouse with legal papers, the non-responsive spouse has a certain time frame to respond. If the non-responsive spouse fails to file a response within the allotted time, the court may proceed with the divorce based on the initiating spouse's requests.

Uncontested Divorce vs. Default Divorce

It is important to note that a default divorce differs from an uncontested divorce where both spouses agree to the terms of the dissolution of marriage. In a default divorce, one spouse is essentially proceeding with the divorce on their own without the other spouse's input or agreement.

Court Decision and Divorce Settlement

Once the court grants a default divorce, it may make decisions regarding division of assets, child custody, and other relevant matters based on the initiating spouse's requests. The non-responsive spouse may have limited ability to contest these decisions after the default divorce is finalized.