What is a default divorce?

A default divorce is a divorce in which one party fails to appear in court after being properly served a Summons and Complaint and the issue of divorce has been properly presented to the court. In Pennsylvania, a default divorce occurs when the defendant fails to appear at the divorce hearing and the commonwealth has been properly served with notice. When a defendant does not appear for the divorce hearing, the court will allow the plaintiff (the person filing for divorce) to request a default divorce. In such a situation, the plaintiff can submit a document to the court called a Default Decree. The Default Decree will state the divorce terms that the defendant has failed to contest. In Pennsylvania, the terms set forth in the Default Decree become the divorce agreement and will be enforced by the court. Once the court issues a Default Decree, the divorce process is considered complete and the parties are legally divorced. It is important to note that if the defendant later decides to challenge the divorce agreement they may do so by requesting a reconsideration motion. The motion must be filed within thirty days of the Default Decree. If the defendant’s motion is approved, the court will hold a hearing at which time the plaintiff and defendant may present evidence and witnesses to support their case.

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