What happens when divorce goes into default?
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What happens when divorce goes into default?
A divorce by default occurs when the person who files for divorce does not receive a timely response from the other spouse. If the defendant continues to not respond, the petitioner will receive the divorce decree according to his or her wishes, since the defendant was not around to contest anything.
What can I expect from a default hearing?
A default hearing is when you come to court to tell the judge about your case and ask the judge for default judgment. When your case is called, the judge will first ask that you be sworn to tell the truth. The judge will make sure that the papers in the court file show that service of process was complete.
How do you respond to a divorce petition?
You have two choices when responding to the divorce papers:Answer only. An “Answer” tells the judge and your spouse what parts of the complaint you agree with and disagree with. Answer with a Counterclaim.
What is included in a divorce petition?
The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support. The petition (or the divorce papers) must be served on the other spouse.
What if respondent does not respond?
Response: Respondent does respond to the Petition, which prevents the entry of a default judgment. Otherwise, if you fail to appear for your CPC, the Court may set your case for dismissal. Law & Motion: If you and your spouse cannot agree on a support or child-custody issue, either one of you may ask for a Court Order.
