What is a default divorce?

A default divorce is a type of divorce in which one spouse is absent or unresponsive. This can occur for a variety of reasons; the spouse may not be able to be located, or may have refused to participate in court proceedings. In West Virginia, when a spouse is unresponsive or absent, the other spouse can file for a default divorce. This type of divorce does not require any type of negotiation or agreement between the two parties; the court will grant a divorce simply based on the fact that one spouse did not appear in court. The court will also assign a financial settlement to the requesting spouse, which can include child support, alimony, and the division of any assets that the couple may have acquired during the marriage. A default divorce can be beneficial for a person seeking to end a marriage quickly and without having to navigate a complicated and time-consuming legal process. However, it is important to remember that a default divorce can leave one of the spouses with little or no recourse to contest any decisions that are made. The spouse who does not participate in the process is legally considered to have admitted to all of the claims made by the other spouse, and can be barred from contesting the court’s decision. Furthermore, if either party wishes to appeal a default divorce, it will be difficult to do so in court. This is because the court must only consider the evidence that was presented at the original hearing.

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