What Is a Default Judgment Divorce?
A default judgment divorce occurs when one spouse files for divorce, but the other fails to respond or appear in court. The court grants the divorce based solely on the information provided by the filing spouse without input from the non-responding spouse.
While a default judgment allows the divorce process to move forward efficiently when one party is unengaged, it can place the non-responding spouse at a significant disadvantage. Without the ability to present their side of the story or negotiate the terms of the divorce, the non-responding spouse may end up with an unfavorable settlement regarding asset and debt division, child custody, or spousal support. This can leave them in a precarious financial and personal situation post-divorce.
How the Default Judgment Process Is Initiated
Once a person is served, they have 21 days to file a response if they are served in Utah or 30 days if they are served outside of Utah. Should the answering party fail to submit their response within that time frame, the original petitioner can file a Default Certificate and a Motion for Default Judgement. Once a judge signs the judgment, the responding party must be served with a copy of the Notice of Judgement.
Is a Default Judgment a Final Judgment?
No. However, a default judgment divorce can only be set aside in certain circumstances, and motions must be filed within a reasonable time after the declaration of the default orders. According to Utah Rules of Civil Procedure 55(b) and 60(b), the court may invalidate a default judgment if there was:
- Excusable neglect.
- Fraud, misconduct, or misrepresentation by the filing party.
- Incorrectly filed paperwork.
- Proven issues with how the party was served the divorce papers.
- Any other justifiable reason to reverse the default judgment.
What to Do After Being Served Divorce Papers
Should you be served with divorce papers, even if you are surprised, you need to take steps to respond, including the following:
- Read the papers. In addition to the summons and divorce complaint, there may be documents concerning temporary orders about custody and spousal or child support. You need to review the documents, so you know what your spouse wants temporarily, as well as their desired divorce terms.
- Get organized. Gather any relevant financial records, communication logs, and other documentation that may be useful in building your defense.
- Retain an attorney. Having experienced counsel can also help you have greater peace of mind and have an advocate for your rights and interests. When you retain counsel, they can advise you on the legal process (including the time limits on when you need to file a response), negotiate or litigate on your behalf, and help you fight for a favorable outcome.
- File a counterclaim. If you disagree with any of the claims made in the initial divorce filing, you have the option to file a counterclaim. This allows you to present your side of the story and request terms that you believe are more equitable. Your attorney can guide you through the proper legal procedures for submitting a counterclaim.
Uncontested & Contested Divorce Counsel
With decades of legal experience, the attorneys at Nelson, Taylor & Associates, PLLC can help clients obtain or overcome default judgment divorces. We understand how stressful the divorce process can be and aim to offer clients innovative and personalized solutions for various aspects of divorce cases, including custody, child support, alimony, and asset division.
To schedule an initial consultation with our divorce lawyers, call (801) 901-7046. We offer same-day appointments as available.
