What is a default divorce?

In Washington, a default divorce is a divorce in which one spouse agrees to all of the terms of the divorce agreement proposed by the other spouse. This can occur when one spouse either fails to respond to a court summons regarding the divorce or fails to appear in court when their divorce case is called. When this happens, the other spouse may be granted a default divorce, meaning that the court will accept the terms of the agreement that the filing spouse requested without the need for a court hearing. Sometimes a default divorce can occur without the knowledge of the other spouse. If a spouse does not respond to the court summons within a certain timeframe, the other spouse may be able to file a motion to have the judge grant a default divorce. When this happens, the court will receive any paperwork submitted by the filing spouse and issue an order granting the divorce and setting out the terms. Default divorces have both positives and negatives. On one hand, they are usually much faster than divorces that require a contested hearing and can avoid the need for expensive legal fees. On the other hand, default divorces can be unfair to spouses who are not aware that a divorce is even taking place. Because of this, it is important for both parties involved in a divorce to respond to court summons and/or attend court hearings when necessary to ensure that their rights and interests are protected.

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