What is a default divorce?

A default divorce is a type of dissolution of marriage in Minnesota. It is a way for a couple to end their marriage without either of them having to appear in court. This type of divorce is used when one of the parties does not respond or appear in court, even when served papers. When this happens, the party requesting the divorce can submit an affidavit and other documents to the court and ask for a default divorce. In order for a default divorce to be granted in Minnesota, the petitioner must prove "grounds" for the divorce. This includes the irretrievable breakdown of the marriage relationship or a spouse’s incapacity to make decisions. The petitioner must also draft and sign a decree of dissolution of marriage and other necessary documents, all of which must be filed with the court. If the court approves the request for default divorce, the court will issue an order of dissolution, which will legally conclude the marriage. The dissolution order may provide for other issues such as child custody, child support, alimony, and division of property. In some circumstances, it may be possible to reverse a default divorce, but this is rare and usually requires a court hearing. In any case, it is important to remember that default divorce cannot be granted without the court first approving the dissolution.

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What is a default divorce?

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