What is a default divorce?

A default divorce is a type of divorce that occurs when one partner does not appear in court after being properly served with divorce papers. This is usually the case when one partner cannot be located or no longer lives in Virginia. In that instance, the partner who is present in court can request a default divorce, which is a way to finalize the divorce without the other partner’s participation. When requesting a default divorce in Virginia, the petitioner must present evidence that the other partner was served with the divorce papers. This can be done by providing a document signed by the person who served the papers or a certificate of service which states when and where the papers were served. Additionally, the petitioner must prove that the partner was given an adequate amount of time to respond to the papers. Once these requirements have been met, the petitioner can submit a motion to the court asking for the default divorce. From there, the court will review the request and, if approved, will enter a decree of divorce which ends the marriage. Though the process is simpler than a contested divorce, both partners must still sign a separation agreement, outlining custody, financial matters, and other divorce-related topics.

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