What is a default divorce?

A default divorce is a divorce action in North Carolina that takes place when one spouse does not appear or otherwise respond to the other spouse’s claim for a divorce. In such a situation, the court may enter a final divorce judgment based solely on the claims set forth by the appearing or responding spouse. The court may also enter a default divorce when a spouse appears and fails to respond to the claims set forth by the other spouse. Prior to entering a judgment, the court must make certain findings of fact, including that the defendant spouse has been served proper notice of the divorce action and that they have failed to appear or otherwise respond. Additionally, the court must be satisfied that the facts presented by the appearing spouse are true and accurate. The court cannot enter a judgment unless it is convinced that the appearing spouse is entitled to a divorce under the provisions of North Carolina law. A default divorce can be a simple and straightforward process for a spouse who has grounds for a divorce based on the facts presented in court. This type of divorce is a faster method than other forms since it does not require lengthy negotiations or other proceedings. In order to obtain a default divorce, the appearing or responding spouse must take the necessary steps to ensure that proper notice is given to the other spouse and that they are given an adequate opportunity to respond.

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What is a default divorce?

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