Can the petitioner get the divorce by default? 21 Answers as of July 08, 2013

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?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes.
Answer Applies to: Texas
Replied: 5/30/2013
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Maybe, depending on a lot you didn't tell us and will need to tell your lawyer.
Answer Applies to: Georgia
Replied: 7/8/2013
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
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 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 & 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.
    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
    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, 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.
    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
    Vargas Law Office LLC | Ronnie Ismael Vargas
    Maybe.
    Answer Applies to: Wisconsin
    Replied: 5/30/2013
    The Law Office of Jill Rose Quinn | Jill Rose Quinn
    Maybe.
    Answer Applies to: Illinois
    Replied: 5/30/2013
    The Law Offices of Dave Hawkins
    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
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    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
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Service by certified mail is improper.
    Answer Applies to: New York
    Replied: 6/20/2013
    Beaulier Law Office
    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
    Michael D. Fluke, P.A.
    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
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