What is a default divorce?

A default divorce is a type of divorce that occurs when one spouse has decided not to take part in the divorce proceedings. In Kansas, a default divorce will be granted when a spouse does not respond to a Summons and Complaint within the required timeframe. The spouse filing for a default divorce must serve the other spouse with the Summons and Complaint in order to begin the process. If the responding spouse fails to answer the court summons within 20 days, the court will allow the filing spouse to proceed with the divorce on the grounds that the other spouse is not contesting the divorce. The court will enter a Default Decree of Divorce which details the terms of the settlement. This type of divorce allows one spouse to obtain a legal divorce without the need for court hearings or court appearances. It is important to note that a default divorce does not necessarily mean that the terms of the divorce will be favorable to the filing spouse. A judge may still decide that certain aspects of the divorce settlement are not equitable or fair.

Related FAQs

What is a contested divorce?
How is child support calculated?
What is a marital dissolution agreement?
Do I need a lawyer to file for a divorce?
How long does a divorce take?
How do I file for divorce?
How is the division of debt determined?
What is a constructive desertion?
Does my spouse need to be served with divorce papers?
What is a qualified Domestic Relations Order (QDRO)?

What is a default divorce?

Related FAQs

Related Blog Posts