What is a default divorce?

A default divorce is a type of divorce that is granted when one spouse fails to provide a response to the other spouse’s petition for divorce. This type of divorce is commonly seen in California and is the result of one spouse not participating in the proceedings. When someone fails to respond or provide any objections or counterclaims, it is considered a default. In a default divorce, the court will usually consider the requests that the spouse who initiated the divorce asked for in their petition. When both parties are in agreement, the court usually grants the divorce in the favor of the petitioner, which is the spouse who initiated the divorce. In California, the petitioner must still prove that they have made significant efforts to locate their spouse and inform them of the divorce proceedings, even when the divorce is granted as a default. This is done by providing the court with credible evidence that the petitioner has sent out notifications about the divorce, like certified mail sent to the other spouse. The default divorce process is often an easier, faster way to get a divorce since it does not require the participation or approval of the other spouse. However, both spouses must still follow all the legal requirements for a divorce in California, including asset and debt divisions, child custody and support rulings, and spousal support orders.

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What is a default divorce?

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