What happens after a default Judgement in divorce?
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What happens after a default Judgement in divorce?
The spouse who obtains the default usually receives everything requested in the petition. For example, your spouse may have asked for full custody, spousal support, alimony, and the majority of the marital assets. If you fail to respond to the petition, the judge will have no reason to deny your spouse's requests.
What is the next step after you file for divorce?
After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse.
What happens after a request for entry of default?
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
What is a motion for default in divorce?
When a party fails to respond to a divorce petition within the time proscribed by law, the party is "in default." This can also happen if a party fails to show up for a court hearing. This generally requires the petitioner to show she made every possible effort to notify the other party about the divorce.
