A default Divorce occurs when the respondent is served and does not respond. Once the 30 day wait period has passed, the petitioner can enter a default and complete the Divorce either by filing the remaining documents or by appearing at a default hearing. A default hearing is usually needed when there are issues that need to be addressed (such as child custody & support, spousal support or division of property etc.).
Problems can occur with a default Divorce. If the petitioner entered a proof of service which was improperly served then a motion to quash can be filed and the default could be set aside. If approved by the court, the respondent can now respond and move the case forward. A motion to quash may be filed at any time if service is improper.
If, however, the respondent was served but he/she failed to respond for reasons such as illness, or when the parties were still negotiating a settlement etc. then a motion to set aside can be filed if no more than 6 months has passed. Usually a default is entered with a judgment, but not always. Again, a motion to set aside the default can also be filed within 6 months of the date of the entry of judgment.
A default Divorce can be complex. The petitioner needs legal advice and oversight to assure that the default is entered correctly. From the respondent’s point of view, the failure to respond in a timely manner may mean a loss of legal rights.
It is always a good idea to consult with one of our experienced Divorce Attorneys if you wish to file for Divorce, enter a default or if you have been served with Divorce papers. In addition, if you find that a default has been entered, contact us immediately so that we can determine your best option. We offer affordable low flat fees.
Our Divorce Lawyers can be reached at 1-800-HELP-444 (1-800-435-7444) or by visiting our website @ www.LegalActionWorkshopLAW.com .