Default Judgment
A court ruling entered when the respondent fails to file an answer or appear in court within the required deadline. The petitioner may receive everything they requested.
Understanding Default Judgment
If the respondent is properly served but fails to respond within the statutory deadline (typically 20-30 days), the filing spouse can request a default judgment. The court may grant the divorce and all requested terms — custody, support, property division — without the absent spouse's input. Default judgments can sometimes be overturned if the absent spouse can show good cause for not responding (military deployment, medical emergency, never actually receiving the papers). However, overturning a default becomes increasingly difficult as time passes.
Real-World Examples
The husband never responded to the divorce papers, so the court enters a default judgment granting the wife's requests for custody and spousal support.
Related Terms
The formal legal response filed by the respondent (defendant) to a divorce petition or complaint. It addresses each allegation and may include counterclaims.
ComplaintThe initial legal document filed to start a divorce case. Also called a petition for dissolution of marriage. It identifies the parties, grounds for divorce, and relief requested.
Due ProcessThe constitutional guarantee that all parties receive fair legal proceedings, including proper notice, the right to be heard, and an impartial judge.
Have Questions About Default Judgment?
Our AI advisor can explain how default judgment applies to your specific situation — free, private, and available 24/7.
Ask About Default Judgment¿Te fue útil? Ayúdanos a mantenerlo gratis.
divorce911.ai se financia completamente con donaciones. Cada dólar mantiene al asistente IA y las 1,700+ guías gratis para personas en crisis.
Know someone going through a divorce? This could help them.
This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.