Default Judgment for Divorce
Default Judgment for Divorce
I have often had clients ask me questions about what happens in a divorce proceeding if their spouse chooses not to respond to the divorce papers. Under the law, the appropriate response if your spouse has not answered your divorce complaint is to enter a default judgment against them. The problem remains, however, what to do about the distribution of assets and potential alimony or child support in your case. A judgment for divorce is just that, a judgment. It does not grant you custody of your children, it does not grant you alimony, and it does not grant you rights to any particular assets that were accrued during your marriage.
Therefore, if you have filed a complaint for divorce, and your spouse has not responded to the court, the next thing you should do is to request that the court enter a default judgment against your spouse. Along with this request for default, you can ask the court to grant you specific relief which would include alimony, custody, child support, or distribution of your assets. Normally, in cases where there are children involved or significant assets, you will not run into the problem of having to default your spouse because it is likely that they will want to participate in the settlement process.
If you have filed a complaint for divorce on your own without the help of an attorney, and you are having trouble getting your spouse to respond, you may want to contact an attorney to discuss the possible options moving forward.
