What is a default divorce?

A default divorce, also known as an uncontested divorce, is a type of divorce that occurs when one spouse has filed for divorce but the other spouse has not responded to the petition. This often happens when one party does not wish to contest the terms of the divorce, or if the other spouse cannot be located due to unknown whereabouts. In the state of North Carolina, if the other spouse does not respond to the divorce petition within thirty days of receiving it, it is considered a default divorce. In a default divorce, the court will review the requests set forth in the petition and grant those requests without the other spouse’s involvement. The requests may include the division of property, child custody and child support, and spousal support, depending on the situation. It is important to note that if the divorce is granted on default, both spouses must still attend a final hearing in court to ensure the terms of the divorce are legally binding. In addition, both spouses must sign all necessary documents, even if one was not present during the hearing. Default divorces may be simpler and more cost-effective than other types of divorces, but they may not be in the best interest of both parties. To ensure one receives a fair divorce settlement, it is best to consult with a family law attorney who can advocate for your rights and interests.

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What is a default divorce?

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