When you file for a divorce, you expect your spouse to participate in the process. Sometimes one person files for divorce, and the other does not respond. They might not show up or engage with the process at all. When that happens, the case may proceed as a default divorce.
So, what happens during a default divorce in Tennessee?
If someone has been properly notified and chooses not to participate, the court does not indefinitely halt the process. This allows the case to proceed without them. However, a default divorce still follows a few legal steps. Here is what you will want to know.
The Default Divorce Process
A default divorce starts like any other divorce. One spouse files a Complaint for Divorce in a Tennessee court.
After that, the other spouse must then be properly served with legal notice. There must be a formal delivery of the divorce papers through an approved method, such as a process server or certified mail.
Once served, the responding spouse has a limited amount of time (about 30 days) to respond to the complaint.
If they do nothing, the case may qualify to proceed by default.
You will still have to wait to proceed. The divorce complaint must be on file for at least 60 days before it can be heard if the parties have no unmarried child under 18, or at least 90 days if they do. The waiting period begins on the date the complaint is filed.
What Does Default Mean?
This does not mean that the court automatically takes the side of one party. In these situations, it means one party is no longer actively participating in the process.
At that point, the spouse who filed for divorce can ask the court to move ahead without the other party. And in many cases, this involves requesting a default judgment.
Before granting it, the judge checks a few important things, including:
- Whether the non-responding spouse was properly served
- Whether enough time has passed to allow a response
- Whether the requested terms are legally reasonable
Even in a default situation, the court makes sure everything is fair and compliant with Tennessee law.
Requirements Before Finalizing the Divorce
Even if one spouse does not show up, the court will not just sign off blindly. The filing spouse still has to provide evidence or testimony to support their side.
Depending on the case, this may include:
- Proof of residency requirements
- Testimony about the breakdown of the marriage
- Information about property, debts, and finances
- Details about children and a proposed parenting plan, if applicable
If children are involved, this does not remove the requirement for a parenting plan or child support. Judges need to review everything to make sure the arrangement is in the child’s best interest.
What to Expect at the Final Hearing
In many cases, there is still a short court hearing that you will want to attend with your divorce lawyer. During that hearing, the judge may:
- Confirm that proper notice was given
- Ask basic questions about the marriage and the requested terms
- Review any documents or agreements submitted
- Make sure the requests are legally appropriate
If everything checks out, the judge can issue a Final Decree of Divorce.
Can the Other Spouse Challenge It?
Yes, but this is limited. If a spouse did not respond in time but wants to challenge the default judgment, they have to show a valid legal reason. Some examples might include not being properly served or having a serious reason for not responding.
Keep in mind that it is not automatic. The court has to decide whether reopening the case is justified.
You Still Have Options with a Default Divorce
So, what happens during a default divorce in Tennessee? When the other spouse doesn’t respond, the process continues. These cases should be treated like any other divorce, with you proving solid evidence to support your side.
At Easter & DeVore, Attorneys at Law, we have experience with these types of cases. We work to protect your rights and help you through the process. Schedule a consultation today.
