What is a default divorce?

A default divorce is a type of divorce available in Oklahoma that does not require both spouses to reach an agreement and does not require a trial. In this type of divorce, one spouse files a petition with the court, which is then served to the other spouse. The other spouse has a certain amount of time to respond to the petition. If they do not respond, the court may grant the divorce by default. This means that the court has accepted the petitioner’s requests for division of assets and other divorce-related matters without requiring the other spouse to participate or agree. If the other spouse does respond, both parties have the opportunity to present evidence in court and argue their case in front of a judge. If both parties reach an agreement, the court will issue an order outlining the terms of the agreement. However, if the parties do not agree, the court will then issue a judgment and decree, determining the terms of the divorce without the agreement of the other spouse. Default divorces are not preferable since they can cause a spouse to be unaware of their rights and the property division process, and may also leave them with minimal rights in the divorce. It is important to consult an attorney for assistance in the event that a default divorce is unavoidable.

Related FAQs

What is the difference between a legal separation and a divorce?
What forms do I need to file for a divorce?
Do I need a lawyer to file for a divorce?
How can I protect assets in a divorce?
What is a stipulation of settlement?
What are the steps in the divorce process?
How does jurisdiction affect a divorce?
How do I modify a divorce decree?
What is a motion to modify or set aside a divorce?
What are equitable distribution of property laws?

Related Blog Posts

How Divorce Law Impacts Your Finances: Key Facts & Tips - July 31, 2023
What You Need to Know About Divorce and Child Custody - August 7, 2023
Navigating Divorce Mediation: What to Expect - August 14, 2023
Understanding the Difference Between Divorce and Legal Separation - August 21, 2023
The Impact of Divorce on Alimony & Property Division - August 28, 2023