A default is a type of Motion that is scheduled with the Court. A default can only occur after a spouse has been served with divorce papers, and after at least 30 days have lapsed, they have not filed a formal Answer with the Clerk. A motion for default has to be filed and the spouse served with a notice of the date it will be heard. At that hearing, the Court can either give the non-responsive spouse additional time upon request, or, alternatively, can finalize the divorce including dividing property (after 60 days) and entering a parenting plan (after 90 days). This is a scenario to be avoided, as the default will likely only benefit the moving party. A default judgment can divide assets and debts, transfer property, and result in attorneys fees being incurred. The easiest and best way to avoid a default is to hire a divorce attorney who can file the appropriate paperwork to prevent this from happening.
There is a lot at stake with a divorce, don’t make the mistake of trying to handle it on your own. Schedule a free initial telephone consultation a divorce attorney at Easter & DeVore, Attorneys at Law, to discuss your situation and your options.