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Default Divorce Research Paper

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When one spouse files for a divorce and the other spouse does not respond to the filing, it is called a default divorce. If the courts receive no feedback of any kind from the non-filing spouse, a default divorce may be granted but not before the courts are provided evidence that the other spouse did receive notification of the divorce proceedings. Often the filing spouse will use certified mail to deliver the divorce papers to insure that they have proof of notification to the other spouse. A default divorce is acceptable in many different situations. If one spouse feels that the other spouse will not object to the filing or be filing their own paperwork, then a default divorce will probably be the best path for them to take. When contacting the other spouse is difficult, this kind of divorce may be appropriate. This type of divorce filing is not only for these types of situations. Often the couple planning to file for divorce sees the default divorce as the most efficient way to end the marriage. If they both agree to dissolve the marriage and are in agreement on the terms of the divorce, then the default …show more content…

Often the way in which the other spouse is notified of the filing is different from jurisdiction to jurisdiction. What counts as proof of notification and the length of time for the entire process also comes into question and can vary between states. Another issue that may arise is when one of the spouses is unavailable to attend proceedings or the other spouse is unable to find them. The courts usually require the filing spouse to make a genuine effort to locate his future ex-spouse by putting a legal notice in the local newspaper in addition to making a sincere and thorough search. When a judge is satisfied that the filing spouse has done their due diligence in trying to locate and notify the other spouse with one or more newspaper notices, the court may consider the divorce papers

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