What Is Default Judgment
A default judgment is a court order that grants your divorce petition when the respondent fails to file a response within the required timeframe. Instead of going to trial, the judge enters a judgment based solely on your filed petition and supporting documents. You essentially win by default because the other party did not contest the case.
When Default Judgment Occurs
Most states require the respondent to file an answer or response within 20 to 30 days of being served with the divorce petition. If they do not respond by that deadline, you can file a motion for default judgment. Some states, like California and Florida, allow you to request entry of default with the court clerk first, which gives the respondent an additional grace period before the actual judgment is entered. If the respondent still does not respond after default is entered, you can then request the judgment be entered.
What Gets Decided by Default
When a default judgment is granted, the court typically awards you everything you requested in your petition. This includes:
- Divorce decree approval
- Property division as you proposed it
- Spousal support (alimony) in the amount you requested
- Child custody arrangements you specified
- Child support calculations based on state guidelines
- Attorney fees and court costs if you included them in your petition
The respondent loses the opportunity to argue their position on any of these issues. However, courts maintain discretion over custody decisions, meaning a judge may still review child custody arrangements to ensure they serve the child's best interest, even in a default judgment situation.
Important Limitations
Default judgment is not automatic or guaranteed. Courts can set aside a default judgment if the respondent can demonstrate they had legitimate reasons for missing the deadline, such as lack of proper service or sudden incapacity. Additionally, some states impose restrictions on default judgments involving child custody or require you to prove certain elements of your case even without the respondent's response.
If you are the respondent who missed the deadline, you typically have a limited window (often 6 months to 1 year depending on state law) to file a motion to set aside the default judgment and file your answer.
Common Questions
- Can I get a default judgment if we have children together? Most states allow default judgment in cases with children, but judges retain authority to review custody and support arrangements. You cannot simply get whatever you want regarding child custody through default alone. The court will verify that your requested custody arrangement is in the child's best interest.
- What happens after default judgment is entered? Once the judgment becomes final (after any appeal period expires), it is treated like any other divorce order. You can enforce spousal support and child support through wage garnishment, and you can enforce property division orders through collection proceedings if the respondent does not comply voluntarily.
- Can the respondent challenge a default judgment later? Yes, but only within a specific timeframe. Most states allow challenges within 6 months to 1 year of the judgment. After that, the judgment is final and can only be modified under specific circumstances, such as material changes in income for support orders.