What is a default divorce?

A default divorce in South Carolina is when a party to the divorce does not officially respond to the courts and has no legal representation. This means the court will make a decision on the divorce without any input from the other party. This means that any requests from the plaintiff in the divorce will likely be granted, even if the other party may not agree. The court will make decisions about any assets, property division, child custody, alimony, and other issues based on the plaintiff’s requests. In order to have a default divorce, the defendant must have been officially served the summons and complaint for the divorce. It is important to note that the court does not accept service through the mail or through any other informal methods. Once served, the defendant must respond to the court within 30 days. If the defendant does not respond or enter an appearance, the plaintiff can request a default judgment. South Carolina law, however, requires that the parties must still attend a hearing before the court can grant the divorce. At the hearing, the plaintiff must prove to the court that the defendant has been served and that a default judgment should be entered. The court then makes a decision based on the evidence presented. It is important to note that if the other party responds before the hearing, the default judgment will be denied and the court will set another hearing date. Therefore, it is important for the plaintiff to be sure that the other party has been officially served.

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What is a default divorce?

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