What is a default divorce?

A default divorce is a divorce that is granted when one spouse fails to respond to a complaint for divorce. In Alaska, a default divorce is granted if the non-filing spouse does not respond to the divorce complaint within twenty days. When a spouse files for a default divorce, the court will usually grant the divorce without a trial, without both parties needing to be present in court, and without considering any issues or disputes that may arise from the marriage. The court will generally grant the same relief as if the other spouse had answered the complaint. In some cases, the court may grant a default divorce even if the non-filing spouse does file a response to the complaint. This is because in some cases, the filing spouse fails to meet certain legal requirements such as providing notice to the other spouse or properly serving documents. When a default divorce is granted, the court will still determine the details of the divorce settlement such as division of marital property, child support, alimony and any other relevant issues. Also, any disputes that arise between the spouses must still be resolved in a separate proceeding. Thus, a default divorce is a way to end a marriage without the need for a trial or a court hearing, but all other issues must still be addressed before the divorce is finalized.

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