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#256831 - 07/17/07 12:13 AM What happens next?
qbapril Offline
recently joined

Registered: 07/16/07
Posts: 1
I did my divorce pro se but was not prepared for him to NOT respond at all, need info about Default Judgement. :confused:

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#256832 - 07/19/07 03:20 AM Re: What happens next? [Re: qbapril]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
What is a Default Judgment?

The only way for a divorce to be finalized within 30-61 days of filing WITHOUT an agreement or cooperation from the non-filing spouse, is by a "Default Judgment". To answer the question, you should understand a little about a concept called the "jurisdiction" of the Court, a complicated subject, most of which is beyond the scope of this website. But in order to provide information to the visitors of this website, we will explain it to the extent it pertains to: How a divorce or other family case can be concluded without the agreement or cooperation of the other party.

Before any court can take an act that effects people's lives in a family case, it has to have "jurisdiction". This is required by, among other things, the Due Process Clause of the U. S. Constitution. Our courts proceed on the principal that all involved must have "due process" - a concept of fairness and proper procedure.

An agreed or uncontested divorce is accomplished by both parties voluntarily submitting to the jurisdiction of the Court. The person filing does so by filing. The other party must sign and file papers that indicate to the Court this person does not object to the jurisdiction of the court on any legal or factual basis.

What if the non-filing party will not cooperate and voluntarily submit to the jurisdiction of the Court?

They must be in-voluntarily submitted to the jurisdiction of the Court. The Court must issue an official court document called a "Summons", "Notice, or "TRO" for example. This document must then be properly delivered or "served" on the non-filing party, usually in person delivery by a Sherriff or Constable. If the non-filing party does not respond within the time limits specified by the Court on the official court document, the Court can then proceed and grant a Divorce Decree by "default". This is considered the minimum "due process" required. This is how a divorce can end on the 30-61 day after filing even if one party will not cooperate.

Ignoring an official court notice like a SUMMONS is an act of negligence. Many people don't realize this until its too late.

You will need ALL of the following paperwork :
Petition for Dissolution of Marriage, Wife's Consent to Restore Former Name, Appearance, Waiver and Consent, Summons, Affidavit of Service by Mail, Return of Service, Notice and Receipt of Summons, Waiver of Waiting Period, Certificate as to the State of the Record and Non-Appearance, Decree of Dissolution of Marriage, Affidavit for Entry of Default, Entry of Default, Joint Custody Parenting Plan, Affidavit Concerning Child Custody, Monthly Child Support Obligation Worksheet.

You might want to find a paralegal to help with the default portion.
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