What is a default divorce?

A default divorce is a type of divorce that takes place in Indiana if one of the parties involved does not respond to the divorce filing in a timely manner. In a default divorce, the filing party is awarded whatever they asked for in the original divorce papers. The general rule in Indiana is that if the other party does not reply with an answer within 20 days of receiving the filing papers, the court will move forward with a default divorce. This means that the court accepts the claims of the filing party and grants them the divorce as they asked for in the filing papers, without the other party needing to defend themselves. If the person who was served with the divorce papers does not respond, it does not necessarily mean they will not get their desired outcome, however. They can still file an appearance and if they do so before the divorce is finalized they can still contest the terms of the divorce or argue certain points. The court will then either dismiss the case or amend the ruling as warranted by the facts of the case. Default divorces are a way to expedite the divorce process and prevent any undue delays. It is important to remember that this type of divorce is usually not in the best interest of both parties and should not be used to take advantage of the other person.

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