Default Judgment in Divorce
Typically the first step in a divorce case is for one party to file for divorce or, in legal jargon, file a Petition for Dissolution. The filing and proper service of the Petition triggers a deadline for the other party (“responding party”) to file and serve a “Response” to the divorce petition. The responding party is in “default” if he or she fails to file a response (or other appropriate motion) within the time allowed to respond to the Petition for Dissolution (usually thirty days from service). Despite the requirement to file a response to a request for divorce within thirty days, the parties can agree to extend the deadline if they wish. Divorce attorneys are well versed in drafting a Petition for Dissolution, and their advice is invaluable in this regard.
If the Respondent does not file any appropriate paperwork within the time frame to respond, the filing party (“Petitioner”) can ask his or her divorce attorney to file a request to enter default. If the clerk determines all of the appropriate conditions exist to enter default, default will be entered and a “prove up” hearing will be scheduled. Following the hearing, the judge will enter a default judgment. It is important to note that the judge cannot grant any relief not specifically requested in the divorce petition. For example, if the Petitioner’s attorney did not indicate on the divorce petition that the Petitioner would request spousal support; spousal support will not be ordered in the default judgment. The purpose of this rule is to provide proper notice to the defaulted party.
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