What is a default divorce?

A default divorce is a way to get a divorce without both parties having to appear in court. In Alabama, this is known as a no-fault divorce. It is when one of the parties does not respond to the divorce papers within the allotted time frame, typically 30 days. The party that did respond will then file a motion to have the divorce granted by default. The court will then review the divorce papers and, if everything is in order, will grant a divorce without the need for any further proceedings. In most cases, the terms of the divorce that were included in the papers will be the final terms on which the divorce is granted. Default divorces are typically faster and less expensive than other types of divorce proceedings. This is because there is no additional court appearance or time to wait for the responding party to answer the divorce papers. This makes it an attractive option for those looking to expedite the process and save money. It is important to note, however, that default divorces often have unintended effects. Parties who are unaware of the process may not be properly informed of the divorce proceedings and may not receive the same protection they would if their spouse had responded to the paperwork. Additionally, if the paperwork was not filled out correctly, the court may not approve the divorce and may require additional proceedings. It is important for parties in Alabama considering a default divorce to understand all the risks and consequences.

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