Default Divorce Law and Legal Definition

A Default divorce refers to a divorce that takes place, when the party against whom the divorce suit is brought does not respond to the divorce papers served on them within the time limit set by law for such response. The judge decides whether a divorce should be granted or not; and all other aspects such as the custody of children, the amount of child support, alimony and division of property. The judge bases his ruling on the oral or written testimony of the only party who filed the suit. Usually the other party can file a motion within the time specified for vacating the judgment or order. A motion to vacate a default divorce is directed to the discretion of the trial court.

A default divorce may also occur when both parties agree on all issues. This is common when parties have discussed how they want to settle issues before the Complaint is filed or the Defendant feels the Complaint is reasonable. In some states the parties can end their marriage by filing a default divorce, which is the easiest and inexpensive way to divorce.