What is a default divorce?

A default divorce is a type of divorce that is granted in Rhode Island when one of the parties involved fails to appear or respond to legal proceedings in a timely manner. This type of divorce is common when one of the spouses either doesn’t appear in court or does not respond to the court’s orders. In a default divorce, the court grants the divorce without hearing from the absent party. This type of divorce can be granted if one of the parties fails to answer the summons or complaint within the allotted time frame of 20 days, fails to appear at the hearing, or fails to respond to any other court orders or documents. When a default divorce is granted, all of the decisions that would have been made through the normal divorce proceedings are made by the court, including decisions regarding property division, alimony, and child support or custody. The court will usually review and make decisions that are in the best interests of both parties, as well as any children involved. Additionally, the court may give more favored terms to the spouse who did appear and responded to the court’s orders. In order to prevent a default divorce, both parties must appear in court and participate in the proceedings. Additionally, each party should keep the court updated on their current contact information.

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