What is a default divorce?

A default divorce is a type of divorce that is allowed when one of the parties involved does not appear in court for the divorce proceedings. In Indiana, if one of the spouses does not respond to a divorce lawsuit after being properly served with court papers, the other spouse can obtain a default divorce. By being granted a default divorce in Indiana, the spouse who brought the lawsuit is allowed to move forward with the divorce proceedings without having to wait for their partner to show up in court. The court can then proceed to grant the divorce without involving or hearing the other spouse. Once the court grants a default divorce, the terms of the divorce are decided solely by the person who brought the lawsuit. This means that the person who was served court papers but failed to appear in court does not have any say in the terms of the divorce. Without being present at the proceedings, a spouse cannot contest any of the demands of the divorce or make any counter-claims. When it comes to a default divorce, it is important to understand that Indiana law requires the court to wait a few weeks to be sure that the person who was served documents had ample opportunity to respond. Then, the court will complete the divorce proceedings without the person present.

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