Default Divorce: What Is It?

At our esteemed family law and divorce firm, serving Raleigh, North Carolina, we understand that navigating the complexities of divorce can be a challenging and emotional journey. Default divorce is a legal term often encountered during this process, and it's essential to have a clear understanding of what it entails.

At Doyle Divorce Law, we are shedding light on the concept of default divorce, explaining its significance, procedures, and potential implications for those facing divorce proceedings in North Carolina.

What is a Default Divorce in NC?

When a spouse is served with divorce papers and does not respond within the allotted time period of 30 days in North Carolina, they are considered to be “in default.” As a result, the default divorce process continues without the input of the defaulting spouse.

Some individuals believe that by not responding to the divorce petition, they can slow proceedings or prevent the divorce from proceeding altogether, however, this is not the case. Divorce proceedings can and will continue even if one spouse does not submit a response to the divorce petition. This is called a default divorce.

What Happens When One Spouse Fails to Respond to the Divorce Petition?

In a default divorce, the party seeking a divorce (the petitioner) will seek divorce by filing a Motion for Entry of Default. When this motion is granted, the spouse who failed to respond to the divorce petition does not get to have the court hear his or her side of the story during the divorce hearing.

This results in default judgment rulings that are more favorable to the petitioner since the other spouse has not given the court any reason to deny their spouse's requests. If you were served divorce papers but did not respond within the mandated time frame, you have a right to read your spouse's requests, although you cannot submit your own or object to them prior to the judge granting a final judgment.

Is a Default Divorce the Same as an Uncontested Divorce?

Default divorce and uncontested divorce are similar in the eyes of the court since neither one requires a judge to make a divorce judgment on your behalf. However, despite this similarity, an uncontested divorce differs from a default divorce in several ways.

In uncontested divorces, both parties come to an agreement on all aspects of the divorce, from the division of marital property to child custody. Because the spouses agree on all the major issues, it is unnecessary to bring the case before a judge, as all parties are in agreement with the terms of the dissolution of the marriage.

In a default divorce, the filing spouse makes the decisions that will be heard for the default divorce judgment since the other spouse has given up their right to do so by not responding to the divorce petition.

How to File for a Default Divorce in North Carolina

In North Carolina, a default divorce, also known as a divorce by default, is a legal process that allows one spouse to obtain a divorce when the other spouse fails to respond or participate in the divorce proceedings.

The process for obtaining a default divorce decree in North Carolina typically involves the following steps.

Step 1: Filing a Complaint

One spouse files for divorce by initiating the process by filing a Complaint for Divorce with the appropriate North Carolina court. In the complaint, the spouse filing (plaintiff) outlines the grounds for divorce and any relevant issues, such as child custody, property division, and alimony.

Step 2: Serving the Defendant

After filing the complaint, the plaintiff must serve a copy of the complaint and other required divorce papers and documents to the defendant in accordance with North Carolina's legal service requirements. This ensures that the defendant is aware of the divorce proceedings.

Step 3: Waiting Period

In North Carolina, there is a waiting period of at least 30 days from the date of service during which the defendant has the opportunity to respond to the complaint. If the defendant chooses to respond within this time frame, the divorce becomes contested, and the case proceeds accordingly.

A contested divorce is a legal proceeding in which both spouses cannot agree on one or more key issues related to the divorce, such as child custody, division of property, spousal support, or other matters. Until both parties can reach an agreement the divorce process cannot proceed.

Step 4: Requesting a Default Judgment

In cases where a spouse does not contest the divorce filing, yet fails to respond to the decree at all within the specified time frame, the plaintiff may request a default judgment from the court. This means that the court can proceed with the divorce without the defendant's active participation.

Step 5: Divorce Hearing

In some cases, a default divorce may involve a hearing to address any outstanding issues, such as property division, child custody, or spousal support. The court will make decisions based on the information provided by the plaintiff and any applicable laws. However, the judge will not hear statements from the defendant as a result of their failure to respond to the initial divorce paperwork.

Do Default Divorces Always Result in the Favor of the Filing Spouse?

It's important to note that while a default divorce allows one spouse to obtain a divorce without the other spouse's participation, it does not automatically resolve issues related to property division, child custody, or spousal support. The court will make determinations based on the information provided and applicable laws, which may or may not align with the plaintiff's requests.

If you are considering a divorce in North Carolina, it's advisable to consult with an experienced family law attorney who can provide guidance on the specific legal requirements and procedures in your case. Laws and procedures related to divorce can vary, and legal advice can help ensure that your rights and interests are protected throughout the process.

Do I Need a Lawyer for a Default Divorce in NC?

Even though you will not be facing off against your soon-to-be-former spouse in court, it is still highly recommended that you have a Raleigh divorce attorney assist you in filing the Motion of Entry of Default and completing all necessary divorce paperwork.

If you are the petitioner, it is imperative that your requests for child support, alimony, and division of property, are submitted correctly and in a timely fashion because once requests are presented, they cannot be revised. Having an attorney draw up your requests and review your paperwork will give you peace of mind during a stressful time.

Complexity of Issues

If your divorce involves complex issues such as significant assets, child custody disputes, spousal support, or other intricate matters, it's generally advisable to consult with an attorney. An attorney can help ensure your rights and interests are protected and can navigate the legal complexities effectively.

Uncontested vs. Contested Elements

While a default divorce may start as uncontested if your spouse does not respond to the divorce complaint, it can become contested if issues arise during the process. An attorney can assist in managing any contested elements that may emerge.

Legal Requirements

Even in a default divorce, there are specific legal requirements and procedures that must be followed. An attorney can help ensure you meet these requirements and that your paperwork is filed correctly.

Legal Advice and Guidance

A lawyer can provide valuable legal advice, answer your questions, and guide you through the default divorce process, including property division, child custody, and support issues.

Protection of Rights

An attorney can help protect your rights and interests, ensuring you receive a fair and equitable outcome in the divorce settlement.

Peace of Mind

Legal representation can provide peace of mind during a stressful time, knowing that an experienced professional is handling the legal aspects of your divorce.

Let Doyle Law Group Help You Navigate Your Default Divorce in NC

Our seasoned attorneys specialize in family law and divorce cases, ensuring you receive top-notch legal advice and representation. We understand that each divorce case is unique, and we will work closely with you to tailor a strategy that meets your specific needs and priorities. 

With Doyle Law Group by your side, you can have confidence that your rights and interests are protected throughout the divorce process. We strive for efficient, fair, and favorable outcomes for our clients, even in default divorce cases.

Contact us today to schedule a consultation by calling our Raleigh office at  (919) 301-8843 or filling out the contact form below to get started.