Courts may grant a default judgment of divorce when a respondent spouse does not participate in divorce proceedings. This lack of participation should be despite the petitioning spouse’s efforts to properly notify the respondent about the split. Default judgments in Arlington Heights, IL, can have a huge negative effect on respondents. They may get less property than they would have received otherwise, become obligated to pay more debts, and see their child and spousal support responsibilities increase. Respondents also could lose parenting time with their children.
Being unresponsive to divorce petitions can put you at risk for an unfavorable default judgment. Call The Law Offices of Roger W. Stelk today at 847-506-7330.
What Happens in a Default Judgment of Divorce?
When a person (the petitioner) files for divorce, his or her spouse (the respondent) should be served with papers and has 30 days from the date of service to respond or appear in court. If respondents do nothing, petitioners can request a default judgment.
This request gives the court the option to proceed with the divorce and grant it without the respondent’s input. The court could approve the divorce based on the petitioner’s requests as long as these requests seem fair. The outcome could be hurtful for the respondent on many levels.
There are several common types of default judgments. One is when the spouses agree on the divorce terms before one files the paperwork. The petitioner can ask the court to enter the divorce based on their agreement. This could be similar to an uncontested divorce, and the respondent’s default might not be necessary. It is risky for a respondent to proceed with this type of divorce without legal guidance.
In another type of default judgment divorce, the respondent may fail to respond due to being emotionally distressed, overwhelmed, or unaware of the divorce proceedings. In a third type, the respondent might be indifferent to the divorce or just does not want to contest it. As always, getting advice from an attorney before making decisions helps respondents better understand their rights and the potential ramifications of action or inaction.
How a Default Judgment Can Impact Your Divorce Settlement
The court may approve the petitioner’s proposed terms for property division, spousal support, child custody, and other issues. Under Illinois equitable distribution laws, marital property is divided fairly, but not necessarily equally. Without the respondent participating, the outcome of a divorce may greatly favor the petitioner and hurt the respondent. After all, the court only has information from the petitioner.
- Property division: Who gets the house in a divorce? Petitioners’ proposals might not reflect respondents’ interests, and respondents risk losing their share of assets such as the marital home.
- Child support or alimony: The respondent might be ordered to pay more child support or spousal support than he or she would have been with active participation in the case.
- Child custody/parental responsibilities: About 23.4% of the people in Arlington Heights are children younger than 18 years old. Full or primary custody may go to a petitioner who requests it in a default judgment of divorce, since the respondent does not raise objections.
Courts prioritize both fairness and efficiency. They may interpret respondents’ lack of participation as agreement or acceptance of petitioners’ divorce settlement issues.
What Are the Risks of Allowing a Default Judgment in Your Divorce?
The risks of allowing a default judgment divorce are substantial. Respondents in Arlington Heights could lose their homes and sizable amounts of assets, be ordered to make excessively unfair amounts of child or spousal support payments, and get minimal time with their children. This can hurt the parent-child relationship greatly.
A divorce lawyer for default judgment can advise you on your options. A lawyer may be able to help you work out a marital settlement agreement without court intervention.
What is a marital settlement agreement? It is the agreement both spouses sign that specifies the divorce terms in areas such as property division and parenting responsibilities. Marital settlement agreements can avoid hurting one spouse the way a default judgment divorce might, since the respondent is participating.
Can You Contest a Default Judgment in a Divorce?
You can contest a default judgment of divorce. Respondents have 30 days after the court enters a default judgment to request it be vacated. Respondents should give a valid reason for their lack of response, show good-faith willingness to cooperate going forward, and mount a defense that has merit.
Valid reasons for the lack of response include mental, emotional, or physical health issues or incapacity, lack of knowledge of the proceedings, improper or insufficient service of notice, emergencies, miscommunication, or confusion. Honest mistakes such as responding in the wrong format also count. Possible fraud or misrepresentation on the petitioner’s part, if major enough to affect the terms of the default judgment, also may be grounds to contest default judgments.
What does a family lawyer do, and can one help with contesting a default judgment? A family lawyer can assist with that. Family lawyers can handle all types of divorce cases, including those with nuanced issues such as default divorce contests, asset division, and child custody.
Can You Contest A Default Divorce Judgment in Arlington Heights Due to Being Surprised About the Divorce or Overwhelmed By It?
Divorce is an emotional and stressful time for many people. However, courts generally do not accept being emotionally overwhelmed or caught by surprise as a valid legal reason to contest a default judgment.
There can be exceptions, and respondents need to provide strong evidence that their emotional state directly prevented them from receiving or responding to the divorce papers. This could be the case if a respondent was hospitalized or under a doctor’s care during the 30 days he or she had to respond to the divorce petition. Medical records, doctors’ notes, and mental health evaluations can support a respondent’s case.
A divorce lawyer can help you avoid a default judgment or try to contest one. Contact us at The Law Offices of Roger W. Stelk today.
