What is a default divorce?

A default divorce, also known as a divorce by default in Virginia, is a type of divorce that occurs when one spouse fails to appear in court or does not otherwise participate in the divorce proceedings. Essentially, the spouse who is present in court will be granted whatever they ask for in the divorce judgment. The court does not require that both spouses be physically present in court in order for the divorce to be granted. Generally, the person who is not present must have been properly served with divorce papers, and still fails to respond. Additionally, if it can be proven that the non-present spouse was aware of the proceedings, the court may still grant a default divorce. In Virginia, a default divorce will be granted if the other spouse does not answer the divorce complaint within 20 days of being served. The process of granting a default divorce is relatively quick; the court will typically grant the divorce in as little as 1-2 weeks. However, if the other spouse is not aware of the proceedings, the court may need additional time to serve the defendant with the notice of the proceedings. In a default divorce, the court will grant the spouse in attendance whatever terms they have asked for. This means that the spouse in attendance is able to get what they want without any negotiation or compromise. As a result, it is important for the spouse who is seeking the divorce to proceed with caution, as it can be difficult to change the terms of a default divorce once it has been granted.

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What is a default divorce?

What is a default divorce?

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