What is a default divorce ruling?

During a divorce case, one party may end up being in default. This gives the court the option to issue a default judgment.

Usually, this refers to a scenario where one person has failed in some sort of obligation. For instance, perhaps a woman served her husband with a divorce petition. He did not want to get divorced, so he ignored the petition. Once he misses the deadline to respond, he is then in default, and the court can move forward to give his wife a default judgment so that she can get the divorce she wants—even though he’s not responding properly to the paperwork.

Are there any other examples?

Yes, there are other reasons this can happen. For instance, the court will set up hearings that both parties are expected to attend while making key decisions, such as working through property division or child custody issues. If someone fails to attend these hearings, then they can also be declared to be in default.

Additionally, there are some cases in which one person can’t locate their spouse and has no way to serve them the divorce papers. Maybe the two have been estranged and separated for years or even decades. Perhaps they live in different countries. There may be some tactics to try, such as serving notice of the divorce via publication. But if that person can never be located, then a default divorce may follow so that the marriage can still end.

These cases can be fairly complex. Those who are going through one need to know exactly what steps to take and what rights they have at this time.