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After your spouse has been served with the divorce papers, your spouse has 30 days to file an “answer” with the court. If your spouse does not file an answer within 30 days, you can ask the judge for a “default judgment”. This means that the judge will give you the divorce.

Failure to Respond to a Divorce Filing If or when a spouse is served with a legal petition for divorce and does not respond accordingly, it does not prevent the case from moving forward. What happens is that the divorce will be granted by default, as stated in California law.

In Tennessee, there are two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce. With a contested divorce, the parties cannot agree and must go to trial.

After your spouse has been served with the divorce papers, your spouse has 30 days to file an “answer” with the court. If your spouse does not file an answer within 30 days, you can ask the judge for a “default judgment”. This means that the judge will give you the divorce.

When a spouse doesn't respond to a divorce petition, the court can proceed with a divorce without his or her response. Typically, the person who filed for divorce will need to submit additional paperwork to the court including a request for a default divorce.

Once your paperwork is filed and you execute proper service, your spouse will have thirty days to file a response. If they do not then you and your lawyer can file a Motion for Default Judgment with the court.

In a divorce in Tennessee, you will need to file an Answer within thirty (30) days from the date you were “served” with the Complaint and Summons. Generally, “service” is accomplished when you receive a copy of (and probably sign for) the Complaint and Summons.

If your spouse doesn't file an answer in court within 30 days after they were served, your divorce is uncontested. Your lawyer should file new paperwork asking the court to move forward with the divorce and set a hearing. This is called a motion for default judgment and can help speed your divorce up.

At the hearing the judge may issue a ruling based entirely on what is stated in your divorce petition (or based on what you proved to the court) and then issue your divorce orders and judgment. By failing to respond or appear, your spouse gives up the right to have any say in the divorce proceeding or court judgment.