What does a default Judgement mean in a divorce?
Table of Contents
What does a default Judgement mean in a divorce?
A default divorce is one in which the courts pass judgment on the divorce after the respondent fails to respond. In other words, if a spouse ignores notices regarding a desired divorce, that spouse could find him/herself divorced anyway.
Can a default divorce Judgement be reversed?
On the other hand, most states allow a default defendant some period of time after the judgment is issued to ask a court to set-aside (overturn) the default judgment. If the defendant spouse can show a good reason for having it overturned, then the divorce starts again, from the very beginning.
How do I vacate a judgment in Virginia?
In General District Court, you file Form DC-434 – Motion to Set Aside Default Judgment. That form can be obtained here. You want to fill out that form as instructed and file it with the General District Court. They will set a date at which time you will be required to present your case (see below).
