What is a default divorce?

A default divorce is a type of divorce that is used in Indiana family law. This type of divorce is when one spouse does not formally participate in the divorce proceedings. When this happens, a spouse can file paperwork to proceed with the divorce and receive a default judgment. The default judgment is a court order that states the divorce is finalized and the couple is no longer married. To obtain a default divorce in Indiana, the first step is to properly serve the spouse with a divorce complaint, which is the initial paperwork that begins the marriage dissolution process. The spouse must be served with the complaint in person or through the mail. If the spouse is not properly served, the court cannot proceed with the case. Once the spouse is served, they must respond within thirty days. If the spouse fails to respond within this timeframe, the spouse asking for the divorce can file a motion for a default judgment. The motion must be accompanied by an affidavit, which is a sworn statement in which the spouse is stating that the other spouse has not responded to the complaint. Once the motion is filed, the court will review the paperwork and enter a judgment if the paperwork is in order. This judgment will conclude that the couple is officially divorced and establish any remaining orders such as child support and property division. It is important to note that the court is not able to make decisions regarding any disputes that may arise between the spouses. A default divorce is meant to finalize the divorce without any dispute from the other spouse.

Related FAQs

What is fault-based divorce?
How does the court decide on a custody arrangement?
What are marital assets?
What are grandparents' rights?
What are the residency requirements for filing for divorce?
What is a parenting class?
What is the process for filing a divorce?
What is an annulment?
What is a parenting plan?
What is a no-contact order?

What is a default divorce?

Related FAQs

Related Blog Posts