What is a default divorce?

A default divorce is a type of divorce that is granted when only one spouse is present in court. This can occur in Virginia when one of the spouses does not show up for the hearing or fails to respond in time to the court summons. To obtain a default divorce, the other spouse will need to provide the court with documentation showing that the other spouse had proper notice of the divorce hearing. Once this happens, the court can grant the filing spouse a default judgment, meaning they do not need the other spouse’s consent to proceed with the divorce. The court will make decisions regarding division of assets, child custody and support, and spousal support. Although the court will make decisions regarding the division of assets and other related matters, it is important to note that Virginia law does not allow one spouse to keep the entire estate, so the non-filing spouse will still be legally entitled to some of the assets. If the non-filing spouse does not believe that the division of assets is fair and equitable, he or she has 30 days after the default divorce is granted to file an appeal.

Related FAQs

What documents and information do I need to get a divorce?
What are the residency requirements for divorce?
How can I get a restraining order to protect me from my spouse during a divorce?
How do I modify a divorce decree?
What is a default judgment?
How is property divided in a divorce?
What is a fault divorce?
What are child custody and visitation rights?
What is a separation agreement?
What is the difference between a contested and uncontested divorce?

What is a default divorce?

Related FAQs

Related Blog Posts