You are the subject of a divorce default judgment. How will you proceed? What should you do in this situation? Various factors can result in a default. It’s possible that you received the papers. You give them a look. You believed there was nothing to argue about. You were given a default judgment because you decided to do nothing. The likelihood is that there won’t be much to argue over in that situation. You would have acted if there was. You have been dealing with a default judgment for divorce entered against you.
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The more frequent issue is that you receive a default decision. And, you didn’t even know that the legal process was underway. They don’t usually come home. They received substitute service. They might be estranged. They don’t really interact with their ex-spouse that much. An expensive judgment has now been rendered against you. Make a quick call to your Michigan Divorce Attorney. To get the verdict overturned, certain steps must be taken in a certain amount of time. You might be sitting on your rights too long. It will work against the court giving you a favor. The attorney will submit a motion to vacate the default ruling. You’ll need to offer believable explanations for your silence.
What does it mean if you have a default judgment entered against you?
The party filing the divorce case may feel it is not going toward a resolution. They feel it is not moving at a satisfying pace. It can be devastating for the party initiating the divorce. It drains the emotion. It will drain finances. The opposing party is not responding to the complaint. The other party is not submitting their argument in writing as required. The matter may drag on. You can ask for a default divorce to stop the matter from dragging out. You can stop the case from lasting longer than necessary.
Default judgments.
Filing a petition in court means you will serve a copy of the court papers to the opposing party. The law specifies a deadline for the other party to respond. They are to appear in court after receiving this notice of the legal action. The party notified may not show up. The party opts not to show up for court. The opposing side may ask the court to declare a default against that party. The petitioner may request a default judgment. It is done after the default is noted on the record. A default judgment grants the seeking party everything they requested in the petition. The judgment prevents the responding party from contesting the veracity of the facts and assertions stated.
The rules on default judgment in Michigan.
Beginning January 1, 2015, the Michigan legislature modified its laws on default judgment. The procedure of defaulting is a little more difficult now because of the new laws, but the outcome is essentially the same: If you default, the court can decide what happens to your children and your marital assets without consulting you or considering what you want. When one spouse chooses not to take part in the proceedings, a Michigan court may grant a divorce by default. In Michigan, when the plaintiff files and serves a complaint for divorce, the defendant—the spouse who didn’t file for divorce—does not take any action to “enter” the case once it has been initiated. An answer to the divorce complaint is not filed in writing by the respondent or defendant. This successfully conveys to the court that the defendant is unconcerned with what comes next. If the other party quits taking part in the proceeding, either the divorce plaintiff or defendant may request default. However, in the majority of situations, the plaintiff asks for default after the defendant ignores the initial complaint. The court won’t just accept the plaintiff’s proposed divorce ruling at the default hearing. The court shall review the same and shall determine whether all of the requirements therein are reasonable, equitable, and consistent with Michigan law. This is true even if the defendant decides not to appear at the default divorce hearing.
Can you set aside a default judgment?
Even if you are declared in default, not all is lost. You can participate in the case by filing a motion with the court asking for the default judgment to be overturned. However, the court’s discretion is what governs this rule. While your plea to set aside default is being reviewed, the judge can permit you to take limited participation in processes. An example of such a process is the “discovery” to share information with the plaintiff. Even if you default, you can still attend the default hearing and plead your case in person. You can have the default set aside at that time. You can ask the court to set aside a default divorce judgment even after it’s final. You have only 21 days to do so after the judgment becomes a matter of court record. The reasons why you might want to set aside a default judgment:
There’s a good reason for not responding to the complaint.
Maybe you were out of the country. You are unable to afford legal representation. Let’s imagine that you were traveling when you got the complaint. You might be able to prove that you had no knowledge of the court case. You couldn’t reply to the complaint. In this case, you could be able to set aside the default judgment. Participate in the divorce process.
Judgment may be invalid.
The complaint itself may be defective. A default judgment is only valid if the complaint was properly served. The other party met all the other requirements for a default judgment. The complaint was defective; the default judgment may be invalid. The other party served you with the complaint by mail. You never received it. In this case, the service of the process may be improper. The default judgment may be invalid.
Judgment may be unfair.
The complaint was properly served. The other party met all the other requirements for a default judgment. The judgment may still be unfair. The other party may have presented false or misleading evidence to the court. The other party claimed that you were abusive. They did not provide any evidence to support this claim. In this case, the judgment may be unfair and you may be able to set the default judgment aside.
Once you are served with divorce papers, the clock starts ticking on the deadline to respond. Take immediate action to ensure you keep all your rights to take part in the case. It’s tempting to disregard the divorce petition hoping the other spouse relents. Doing so could prove to be a very costly error. The other party may request a default judgment. Legal documents served on someone need a written response that must be filed. You ignore it. It has consequences.
What are the benefits and drawbacks of a default judgment?
It may be weird to be thinking of default in terms of advantages and disadvantages. There can be certain consequences for doing anything that challenges the court’s patience. The court hates taking back what they have already handed down as an order. They don’t want people to trivialize any action of the court.
The benefits of a default judgment.
It may be weird to be thinking of default advantages and disadvantages. There can be certain consequences for doing anything challenging the court’s patience. The court hates taking back what they have already handed down as an order. They don’t want people to trivialize any action of the court.
Get a divorce if your partner disappears or refuses to cooperate. Default divorce may be your best—and occasionally your only—option for dissolving your marriage if your partner is absent or refuses to reply to your divorce petition.
- Cost reductions. Because you often won’t need to engage a lawyer to gather evidence and present your case to a judge, default divorce can be less expensive than a standard contested divorce. The specifics of your case and the regulations in your state will determine the expenses, so keep that in mind.
- Confidentiality. In a default divorce, you generally won’t need to submit the kind of detailed financial information (like pay stubs, tax returns, and bank statements) that both spouses are usually required to disclose in the divorce process. However, if you have minor children, you might still need to provide estimates of both parents’ income (for purposes of child support). Also, you’ll need to provide information about any marital property that you’re requesting to be divided in the divorce.
- Ease and speed. If you are eligible for a default divorce, it will typically go more quickly and easily than a contentious divorce. You must still serve your spouse with divorce papers and, often, at least one additional notice that you’re seeking a default judgment, in accordance with the laws of your state. Your spouse will be given a set amount of time to react to those notices at each stage of the procedure, and you will have to wait until that time period has passed before proceeding.
The drawbacks of a default judgment.
You may be thinking that with all those benefits mentioned, there shouldn’t be risks. There shouldn’t be disadvantages to having a default judgment. We hate to tell you this but there are serious risks with having a default divorce. The risks aren’t one-sided. It does not bode well for both spouses.
- Risks that come with default divorce for the spouse. Even if you comply with all the procedures for requesting a default divorce, there is a chance that your husband will turn up and block the divorce. Your default divorce will probably not be approved if your spouse chooses to respond or show up at the default hearing and object. Before your divorce may be finalized, you might wind up needing to submit further papers, appear in court to present your case, and pay additional court costs or attorneys’ fees. Even after a judge has granted your divorce by default, there is a potential that your spouse will seek to have the ruling overturned. You will have to start the divorce procedure over from scratch if your spouse successfully persuades the judge to set aside the default divorce by filing a motion, or a formal request, within the state-permitted timeframe. Naturally, that would take more effort and resources.
- The defaulting spouse’s risks in a default judgment. You virtually forfeit your right to contest any divorce-related requests made by your spouse when you don’t reply to a divorce petition or attend a divorce hearing. You won’t have any say in decisions that could have a significant impact on your life, such as those involving the ownership or sale of your home, the division of other assets, your obligation to pay or right to receive spousal support or child support, and child custody arrangements. You might not understand the implications of those requests.
Couples may agree to the terms of the divorce petition and determine jointly that one spouse will file for a default divorce. The other spouse will then purposefully fail to reply, enabling the court to proceed with a default divorce. The potential time and financial savings associated with this strategy may make it seem tempting. But with the most recent changes to Michigan state law, it might not be worth the risks mentioned above.
What to do if a default judgment is entered against you?
The plaintiff files and serves a complaint for divorce. The defendant—the spouse who didn’t file for divorce—does nothing to “enter” the case once it has been initiated. This is known as a default divorce in Michigan. A spouse doesn’t file a written answer in response to the divorce complaint. This conveys to the court that the spouse is unconcerned about what comes next. The opposing party can stop taking part in the proceeding. Either the divorce plaintiff or defendant can ask for default. The plaintiff often asks for default after the defendant ignores the initial complaint.
Answering complaints.
A complaint stems from a plaintiff who made a decision to start the divorce process. The plaintiff can send the complaint papers in person or via US Mail. The defendant then has 21 days to respond. A defendant living outside Michigan will have 28 days. The plaintiff after 28 days can request that the defendant’s default be noted in the court record.
Abide by the new Michigan rules for default.
The defendant is no longer considered in default. Not under the new law that took effect in 2015. Even if the defendant doesn’t answer the complaint. Even if the defendant fails to show up in court for the default hearing. Even if the defendant consents to the default. The plaintiff must first submit a request to the court. File it together with a proposed judgment of divorce. A sworn declaration outlining the case’s facts. The plaintiff must also set a hearing for a default divorce. The court clerk receives and files this document, default is officially entered. But, the divorce’s conditions aren’t final until a hearing.
Proof of service.
The affidavit must show that the defendant did, in fact, receive a copy of the divorce complaint. That the defendant failed to enter a plea or raise any other defenses against the divorce. The plaintiff shall also cause the defendant to be served with a copy of this motion. It should state all accompanying papers. Including notice of the date set for the hearing. The plaintiff must file “proof of service” with the court at least 14 days before the scheduled hearing. Prove in writing and under oath how the defendant received the affidavit. The supporting papers are attached with the notice of hearing. The defendant must receive a copy of every single document filed with the court.
A default judgment: What it means to you.
The plaintiff’s requested divorce judgment will not be automatically approved by the court at the default hearing. After reviewing it, the court must decide that all of its conditions are reasonable, equitable, and in compliance with Michigan law. Even if the defendant chooses not to attend the default divorce hearing, this is still the case. A court order was entered against you without you ever taking part in any proceedings. It means the court will decide the terms of your case. A default judgment entered against you will mean that:
- You could find yourself paying money you don’t owe.
- You can be subject to wage garnishment by the other party. Have a lien placed on your property.
- You can be the target of further legal action based on the ruling.
- Your credit record could contain the judgment for up to seven years.
Filing a motion to set aside a default judgment.
Your initial emotion when you learn of the default decision will probably be shocking. It frequently happens when you are unaware of your spouse’s circumstances. Recognize that nothing you read on the page is set in stone. The phrase “default” does not necessarily imply total loss. You can still participate in the case in some way. Submit a motion to the court for the overturning of the default judgment. You must first submit this motion in order to have the judgment annulled. This rule is governed by the court’s discretion. The judge can give him permission to participate in some procedures while his plea to set aside default is being considered.
Most people don’t approach going through a divorce with any sort of pleasant enthusiasm. Very few people come into marriage considering divorce as an event on the horizon. Perspectives like these are understandable. Divorce is usually only pursued as a last option. It can be costly, and difficult and leave psychological scars on the children. Even though only one partner wants to stop the marriage. Divorce can be particularly challenging. Michigan, like most other states, permits no-fault divorce. You don’t need a spouse’s assent to end the marriage.
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