Can the petitioner get the divorce by default? 15 Answers as of January 27, 2012
If a Respondent in a divorce signs a waiver of service that states he or she has the obligation to notify the Petitioner and the court if his or her address changes, then the trial setting notice is sent by certified mail to the address on the waiver and returned unclaimed, can the Petitioner get the divorce by default?Free Case Evaluation by a Local Lawyer!
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The Law Office of Kem Eyo, LLC | Kem Eyo
It is possible that the judge will grant a divorce by default. It is also possible that the court will issue a new court date and provide an opportunity to try serving the Respondent again. It is not possible to tell you in advance how the judge will handle the situation.
Answer Applies to: Georgia
Replied: 1/27/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Default judgments are not allowed in domestic relations cases in Georgia. If one party does not show, the other party will be granted a judgment if they put on some evidence, no matter how slight, to support their demands. But you need to go to court for this.
Answer Applies to: Georgia
Replied: 1/26/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Likely not a judgment by default, but more likely a judgment on an un-contested hearing, if trial is set and the Respondent fails to show up at trial.
Answer Applies to: California
Replied: 1/25/2012
John E. Kirchner, Attorney at Law | John Kirchner
Yes. Generally, after the waiver of service, in Colorado all further notices can be sent by regular mail and that is legally sufficient - certified mail is not required.
Answer Applies to: Colorado
Replied: 1/25/2012
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
No. If an Answer has been filed or any response to the Petition, even a single word on a piece of paper, then you must proceed normally. You should consult with an attorney who practices in the locality where you reside.
Answer Applies to: Florida
Replied: 1/25/2012
Diefer Law Group, P.C. | Abel Fernandez
Yes, the Petitioner can get a divorce by default. The only relief you can request is things that have been petitioned in the petition. But yes, a default is possible.
Answer Applies to: California
Replied: 1/25/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to check with the local rules to see how the court intends to handle this situation.
Answer Applies to: California
Replied: 1/25/2012
DEAN T. JENNINGS, P.C. | Dean T Jennings
You must send a 10 day notice of default.
Answer Applies to: Iowa
Replied: 1/25/2012
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
Yes. But the Decree may be voidable at the request of the Respondent if the Petitioner actually knew the correct address of the Respondent and did not provide this updated information to the court prior to the default.
Answer Applies to: Washington
Replied: 1/25/2012
The Law Offices of Dave Hawkins | Dave Hawkins
Upon filing a motion for default, yes after 91 days has expired.
Answer Applies to: Washington
Replied: 1/25/2012
Cox & Ryan, PLLC | Annette Cox
Yes the respondent is under an obligation to file a response by the deadline or to notify the court of his or her current address. Otherwise default can proceed simply by mailing the application for default to the respondent. Confirmation of receipt of that application is not required.
Answer Applies to: Arizona
Replied: 1/25/2012
The Law Offices of Jill Puertas LLC | Jill Puertas
That is really up to the Judge assigned to the case. Some will be more lenient, as entering Judgments by default can just lead to future litigation by the party that "didn't understand" or "was ill informed".
Answer Applies to: Missouri
Replied: 1/25/2012
Michael D. Fluke, P.A. | Michael D. Fluke
Absolutely. Mind you there are some items a Judge cannot or will not address on a default, such as child custody, but you can at least get a temporary order. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
Answer Applies to: Florida
Replied: 1/25/2012
Beaulier Law Office | Maury Beaulier
There is no such thing as a "Waiver of Service." There is an Acknowledgement of Service where a party acknowledges receipt of legal documents rather than being personally served. If a party does not appear for court or if a party fails to serve and file necessary responsive documents, a Court has authority to impose sanctions, the most severe of which is a default in the proceedings.
Answer Applies to: Minnesota
Replied: 1/25/2012
