What is a default divorce?

A default divorce is a type of divorce that can occur in the state of Maryland when one spouse does not respond to the petition for divorce. Default divorces are relatively quick and easy, as the judge will typically grant the divorce without requiring any additional information from either spouse. When a divorce is finalized in this manner, the court will typically assign all marital rights and obligations to the petitioner (person filing the divorce petition) without a hearing. When filing for a default divorce, the petitioner will typically have to serve their spouse with the paperwork. This is done by delivering the documents to the spouse personally, or through mail, an attorney, or even third-party delivery services. The spouse must then file a written answer to the divorce petition within 30 days or else the divorce will proceed as a default divorce. When a default divorce is granted, the court will typically rule in favor of the petitioner by granting them whatever they requested in the divorce petition. This could include the division of assets, spousal and/or child support, and other related issues. In addition, the court may rule in favor of one spouse over the other when it comes to child custody and visitation rights. Default divorces are typically reserved for instances when the spouse receiving the divorce petition cannot be located, or if they fail to respond to the petition in the designated timeframe. As such, it is important for those filing for a divorce in Maryland to attempt to contact their spouse before pursuing a default divorce.

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