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Weekly Divorce Tip: Obtaining a Default Judgment

If you served a Petition, Complaint and/or Summons for divorce, dissolution or legal separation and your husband has not filed a Response or otherwise answered within the time required by law, you may request entry of a Default Judgment.

Generally speaking, a Default Judgment may be granted when a person is in “default” because he or she failed to respond to the initial pleadings in a lawsuit within the time required. A Default Judgment ordinarily may not be granted if a person (i.e. spouse) filed a response or answered the original pleadings, but subsequently disappeared, in which case a hearing or trial may be required (to be discussed later).

The requirements for obtaining a Default Judgment and the extent of relief that may be granted (e.g. terminating the marriage, dividing property, ordering support) varies by state and on a case-by-case basis. So, if you filed for divorce, dissolution or legal separation, your husband has not answered or responded to your initial pleadings after being properly served, and you want the court to enter a Default Judgment against him, you should research your state laws and local court rules to determine the steps that must be taken and the relief that may be granted. If you decide to pursue a Default Judgment, speak with a lawyer before doing so to ensure your complete understanding of the consequences of a Default Divorce Judgment, which may not resolve all of the issues in your case, or provide the satisfaction or relief you truly need.

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