Legal Definitions - default divorce

A default divorce is a type of divorce where one spouse files for divorce, but the other spouse fails to respond or appear in court. In this situation, the court will enter a default judgment of divorce against the absent spouse.

• Unreachable Spouse: If one spouse is unable to locate the other spouse, they may file for divorce and attempt to serve the absent spouse. If the absent spouse fails to respond or appear in court, the court may enter a default judgment of divorce.
• Agreed Default: In some cases, both spouses may agree to a default divorce. This means that one spouse files for divorce, and the other spouse does not respond or appear in court. This approach is often used when both parties agree to the terms of the divorce and want to avoid court fees.

These examples illustrate how a default divorce can occur when one spouse is absent or when both parties agree to the divorce. In either case, the court will enter a default judgment of divorce if the absent spouse fails to respond or appear in court.