Default Divorce: What is it?

Default Divorce: What is it?

default divorce

When a divorce is in default, it means one party is not participating. The court grants the requests of the filing part by default since no one has stepped forward to dispute it or to make adjustments. 

A default divorce can be petitioned for if the defendant (partner being served the divorce papers) does not respond within a given time period. In the state of Nevada, they have 20 days to contest the terms and begin the normal divorce proceedings. In Arizona, it is 20 days if the defendant is within the state, and 30 days if they are outside of Arizona.

This can also occur if the defendant cannot be located in order to be served. The plaintiff (person filing) will need to provide evidence of this by giving the court their exes’ full legal name and proof of attempts to serve them.   

If a default divorce is requested and approved after this time, then the terms of the divorce are finalized based on the original filing by the plaintiff. It is a great benefit to the plaintiff for a default divorce to be approved. It can also benefit the defendant, since this speeds up the divorce process greatly, which can save both parties a ton in legal fees and headaches. 

If you are served divorce papers, be sure to weigh all your options before electing to default. If you are certain the filing aligns with your needs, you may allow the divorce to happen without your involvement. Many couples elect to do this since it simplifies the entire process. 

To get the most out of all your options, you will need a divorce attorney in Scottsdale AZ. 

If you are searching for a Scottsdale AZ family lawyer or a Scottsdale AZ divorce attorney, look no further than Fruchtman Law Firm. Here, you can learn about all your options and all lengths of the divorce process.