What is a default divorce?

A default divorce is a type of divorce that occurs when one party to the divorce does not respond to the legal paperwork presented by the other spouse. In Massachusetts, a default divorce is typically granted when the responding party does not file an answer or appear in court. When a court grants a default divorce, it means that the court accepts the petitioning spouse’s claims as true and there is no need to present evidence in court. The court may then enter a divorce decree and dissolve the marriage without the unresponsive party’s input. In Massachusetts, to pursue a default divorce, the filing spouse must serve the paperwork to the other spouse in person or by certified mail and wait at least 20 days for the other spouse to respond or appear in court. The filing spouse can then proceed with a request for a default divorce if the other spouse has not responded. If approved, the petitioning spouse is usually responsible for proving to the court that he or she is eligible for a divorce and that all the claims in the petition are true. The process of requesting a default divorce may be quicker than other types of divorces, but it may not be the best option for parties as it may leave certain issues in the divorce undetermined. Parties may, therefore, want to consider other methods of divorce or opt for a negotiated divorce settlement with the help of a lawyer.

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What is a default divorce?

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