A default divorce is a type of divorce where one spouse files for divorce, but the other spouse does not respond or participate in the divorce proceedings. In a default divorce, the court will usually grant the divorce and make decisions about issues such as property division, spousal support, child custody, and child support without the participation of the non-responsive spouse. If your spouse is not cooperating or cannot be located, it's important to know what to expect from a default divorce.

Factors in a Default Divorce

Here are some of the factors that can come into play in a default divorce:

Service of process: To obtain a default divorce, the filing spouse must first serve the non-responsive spouse with notice of the divorce proceedings. The court will want to see proof that the non-responsive spouse was properly served with notice, such as a signed affidavit of service.

Waiting period: In many states, there is a waiting period between the time the non-responsive spouse is served with notice and the time the filing spouse can ask for a default divorce. This waiting period allows the non-responsive spouse to respond to the divorce petition if they choose to do so.

Property division: In a default divorce, the court will make decisions about property division based on the information provided by the filing spouse. The court will consider factors such as the length of the marriage, the financial situation of each spouse, and any prenuptial agreements.

Spousal support: The court will also make decisions about spousal support based on the information provided by the filing spouse. The court will consider factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.

Child custody and support: In a default divorce involving children, the court will make decisions about child custody and support based on the best interests of the child. The court may consider factors such as the child's relationship with each parent, the child's needs and preferences, and the ability of each parent to provide for the child's physical and emotional needs.

A default divorce can be a straightforward way to end a marriage if the non-responsive spouse is not participating in the proceedings. However, it's important to understand the factors involved and to seek legal advice to ensure that your rights and interests are protected. Get some guidance by speaking with a divorce lawyer.