Different states have different types of divorces and the procedures to go about it. Here is everything you need to know about a default divorce to make your discussions with your family attorney easier.

Default Divorce

A default divorce is very different from a normal divorce process. In a normal divorce, both parties are active and pursuing their rights in court. In a default divorce though, one party is completely absent from the life and the proceeding of the other party. It is as if the party has no interest in whatever decision the divorce process comes to and they are almost “abandoning” their spouse.

This divorce, in some cases, can also be due to a lack of knowledge of the other spouse. One spouse can file for a divorce and have it proceeded without the knowledge or involvement of the other spouse involved. This also comes under the umbrella of a default divorce.

When you hear of default divorces, it can seem like a pretty done-and-dusted process, and in some cases it is. But things can also take a turn for messy confrontations very quickly. Default divorces have a reasonably high rate in the UK and USA, it is a very common way for couples to get divorced.

Pros And Cons Of Default Divorce

Here are some good and not-so-good things about default divorces. They may sound like a convenient way of parting ways, but it can get complicated very quickly.

Pro: Issues Can Be Resolved Without Involvement Of Court

Divorces are very time-consuming and sometimes, people can lose the will to fight, because of all of the court hearings and dates on which they have to go. A great thing about default divorce is that most matters can be settled outside of court, without having any legal teams involved. This is a great way, especially if you are someone who isn’t willing to pay a lawyer a hefty amount of fees.

As long as both parties are in favor of the split and there are no internal issues with the couple, then a default divorce can be a quite easy way to part ways with your partner.

Con: Things Are Hashed Over By The Legal Teams

If you are getting a legal team involved in your default divorce proceeding, then you need to get ready for the lawyer to handle things their way. A lot of things and deeds will be skimmed over and there will be times when you won’t have a say in the proceedings. This can be quite unfortunate and unfair, especially for the party which is appealing for the split. Not to mention, you also have to pay expensive lawyer fees to the legal teams, which is always a draining experience.

Pro: It Is A Quick Process

As mentioned before, a default divorce is a great way of going your separate ways, as long as both parties are consenting to the split and there is no internal grudge one partner is holding against the other. This divorce takes a couple of weeks to get finalized and it is a pretty quick process. You don’t have to go to court, most of the time. You can settle things with your partner as simple as holding a normal conversation. It’s a pretty easy way to get out of a marriage if things aren’t working out anymore.

Cons: It Can Turn Messy

Up until now, all of the emphasis was on the fact that both parties are consenting to the split, but there can be a lot of cases where one party is appealing for the split and the other is not in favor of the split. This can cause a lot of rift in this simple process and the legal drama is at its peak. Some people will refuse the rights of their children given to the other spouse, while some would also try to hold off financial aid or spousal support, so things can easily take an ugly turn.


There you have it! A default divorce is sometimes the only option left for people who are abandoned after marriage. This is the easiest way to part ways with your partner. Look for top rated divorce lawyers Fairfax VA to win your default divorce case.

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