If the spouse who is served with a Summons and Complaint fails to file a formal
response (usually called an Answer) with the Court and the Petitioner's attorney, the
Court will, upon request, automatically grant the divorce and grant the Petitioner the
relief requested in the Petition. This is referred to as a default or uncontested divorce.
You should never ignore a Summons and Complaint. You should always consult with an
attorney before the time to answer has expired. However, default divorces are a normal
process in the numerous cases where the parties have settled all issues and entered into
a written agreement which provides that one of the spouses will ask the Court for a
default divorce based upon the written agreement. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
If the Defendant who is served personally with the summons and Complaint fails
to file an Answer with the court and the Plaintiff’s attorney within thirty days, the Plaintiff
may ask the court to grant the relief requested in the complaint. This is referred to as a
Default Divorce.
Rule 55, Alabama Rules of Civil Procedure.
ALASKA
If the Respondent does not answer the Summons and Petition within 30 days
after Respondent has been personally served, the court may grant the relief requested
by Petitioner as a default. If the present residence of the Respondent is unknown to the
Petitioner, the Petitioner is able to file a Petition for Dissolution pursuant to the expedited
procedure and allege to the court that reasonable efforts have not been successful in
locating the absent Respondent. The Petitioner can then obtain a dissolution and other
relief provided by law.
Rule 55, Alaska Rules of Court; AS 25.24.200.
ARIZONA
Arizona Rules of Civil Procedure also provide for a default hearing for a simplified
dissolution proceeding. After a dissolution Petition has been filed, a decree may be
entered upon motions supported by the affidavit of either or both parties providing the
following: 1) there are no minor children; 2) neither party has any interest in real estate;
3) the parties waive any right to spousal maintenance; 4) any outstanding debts are less
than $10,000; 5) the total fair market value of community personal property is less than
$15,000. The supporting affidavit shall also state that the jurisdictional requirements
have been met and that the parties have attempted conciliation pursuant to ARS 25-381.09 and at least 60 days have elapsed from the time of filing of a Petition of
Conciliation. The affidavit shall also state all factual elements needed to support the
relief requested by the parties.
Rule 55, Arizona Rules of Civil Procedure.
ARKANSAS
The summons which is served upon the defendant informs the defendant that a
judgment for default may be entered against him for the relief requested in the complaint
unless defendant files an Answer with the court clerk within 20 days after service.
Defendant’s failure to answer within the required time limit allows Plaintiff the option of
asking the court to enter a default divorce decree. There is a special residency
requirement for asking for a default divorce. If the defendant cannot be served or fails to
appear, no decree of divorce shall be granted until Plaintiff has been an actual resident
of Arkansas for at least three months.
However, default divorce decrees are a normal process in numerous cases where
the parties have settled all issues and entered into a property settlement agreement
which provides that one of the spouses will ask the court for a default divorce decree
based upon the written agreement which states that defendant does not contest the
divorce.
Ark. stat. Ann. 9-12-307, and Rule 55m Arkansas Rules of Civil Procedure.
CALIFORNIA
California law requires a Respondent to answer a Summons and Petition within
30 days after personal service. If the Respondent fails to answer within 30 days, the
clerk shall enter the Respondent’s default upon proper application by the Petitioner.
Thereafter, the Petitioner may apply to the court for the relief sought in the Petition. The
court shall require proof to be made of the facts stated in the Petition and may enter its
judgment accordingly. The court may permit the use of a completed income and
expense declaration and property declaration in the forms prescribed by the Family Law
Rules in order to decide any issue. No default may be entered unless a request in the
form prescribed by Family Law Rule 1286 has been completed in full and filed by the
Petitioner. No financial declaration is required when the Petition contains no demand for
money, property, costs, or attorney fees.
Rules 1237 and 1240, Family Law Rules.
COLORADO
Once the Respondent has been served with the Summons and Petition for Dissolution, the Respondent has 20 days to serve and file a Response, or the Petitioner
may request that the court order the relief requested by Petitioner in the Petition. This is
referred to as a default or uncontested divorce. Rule 55, Colorado Rules of Civil Procedure.
CONNECTICUT
If the Defendant has not answered the Summons and Complaint on or before the
second day following the return day on the Complaint, then Plaintiff may make a motion
to the court that a default decree be entered for Defendant’s failure to appear. Court
Rules require that Plaintiff serve the defaulting party with a copy of the motion for a
default decree, unless the court dispenses with this requirement upon a showing of good
cause.
§352, Superior Court Rules.
DELAWARE
If the Respondent does not answer the Summons and Petition within 20 days
after service, the court may grant the relief requested by Petition as a default.
13 DCA §1508 and Rule 55, Family Court Civil Rules. FLORIDA
If the Respondent does not serve and file an Answer to the Petition within 20
days after service, or file any other appearance form authorized by the Rules of Civil
Procedure, then the Petitioner may ask the court to order the requested relief as a
default. However, default divorces are a normal process in the majority of the cases
where the parties have settled all issues in a Property Settlement Agreement, and one
party is allowed to ask the court for a default based upon the written agreement.
FSA §61.043. GEORGIA
If the Respondent does not answer the Summons and Petition within 30 days
after service, the court may grant the relief requested by the Petitioner as a default. If
the Petitioner is requesting a default due to the Respondent’s failure to answer the
Petition, the court may not grant a divorce until at least 45 days have elapsed after date
of service. The judge shall determine that the asserted grounds for divorce are legal and
sustained by proof or shall appoint an attorney of the court to make the required
determination. An evidentiary hearing for the determination of the existence for the
grounds for divorce and for determining issues of alimony, child support and other
issues, is authorized but not required. If no evidentiary hearing is held, the determination
of such matters may be made upon the verified pleadings of the Plaintiff, Affidavits, or
upon such other basis or procedure as the court deems proper.
GC §19-5-10 and Rule 24.6, Uniform Superior Court Rules. HAWAII
Hawaii law provides that if the Defendant does not answer the Summons and
Complaint within 20 days after they have been personally served on the Defendant, then
the Court may grant the relief requested by Plaintiff as a default. The court, in its
discretion, may waive a hearing on an uncontested divorce Complaint and admit proof by
Affidavit.
HRS §580-2 and 580-45, and Rules 55 and 93, Hawaii Family Court Rules. IDAHO
The Defendant must serve and file an Answer to the Summons and Complaint
within 20 days after personal service of the Summons and Complaint on Defendant, or
Plaintiff may apply to the court for default judgment granting the relief requested by
Plaintiff in the Complaint.
Rule 55, Idaho Rules of Civil Procedure, and IC §32-703. ILLINOIS
The Respondent must answer the Summons and Petition within 30 days after
personal service on the Respondent. If the Respondent is in default, the court shall
proceed to hear the Petitioner’s case. The judge must still be satisfied that all proper
means have been taken to notify the Respondent that the dissolution action has been
commenced. The court may order such additional notice as may be required to notify
Respondent of the pending action. 750 ILCS 5/405. INDIANA
The Respondent may file a responsive pleading or a counter petition in response
to the Summons and Petition for Dissolution.
AIC §31-1-11.5-4 and Rule 55, Indiana Rules of Trial Procedure. IOWA
According to Iowa law, no decree dissolving a marriage shall be granted before
90 days shall have elapsed from the day the original Notice is served on the Respondent
or until after conciliation is completed, whichever period shall be longer. However, the
court may, in its discretion, on written motion supported by affidavits setting forth
grounds of emergency or necessity, hold a hearing and grant a decree dissolving the
marriage prior to the expiration of the 90-day period. The court may also enter an order
finding the Respondent in default and waiving conciliation when the Respondent has
failed to file an appearance within 20 days after being personally served with the original
Notice and Petition.
ICA Section 598.19. KANSAS
If the Respondent does not answer the Summons and Petition or otherwise appear in the action within 20 days after Respondent has been personally served, the
court may grant the relief requested by Petitioner as a default.
KSA §60-255. KENTUCKY
If the Respondent who has been served with a Summons and Petition for Dissolution fails to file a formal response, called an Answer, with the court and with the
Petitioner’s attorney within the designated time limit, the Petitioner is able to ask the
court to enter judgment as a default. However, granting a dissolution by default is also a
part of the normal process in the numerous cases where the parties settle all issues and
enter into a written agreement which provides that one of the spouses will ask the court
for a default divorce based upon the written agreement.
Rule 55, Kentucky Rules of Civil Procedure. LOUISIANA
In Louisiana, a divorce shall be granted at the request of either spouse, when
either party has filed a Petition for Divorce and 180 days have elapsed from the service
of the Petition or from the date the Defendant signed a waiver of personal service. Also,
the spouses must have lived separate and apart continuously during the 180 day period.
The party requesting the divorce files a motion with the court, asking for the judgment of
divorce, on the ground that 180 days have elapsed. The moving party also prepares for
the clerk to issue a form called a “Rule to Show Cause,” which must be served personally
on the Defendant and gives Defendant notice that a court hearing has been scheduled
for the purpose of granting the moving party’s request for a divorce due to 180 days
having elapsed from the time of service of the Petition. CC Art. 102; CCP Art. 3952-3956. MAINE
Maine law requires a defendant to answer a Summons and Complaint within 20
days after personal service. Plaintiff may thereafter request the court to order default
judgment based upon the relief requested by Plaintiff in the Complaint. No judgment of
divorce may be entered except after a hearing before a judge. Even though the
Defendant has not filed an Answer to the Complaint, the Defendant may file a written
appearance with the court and inform the court of Defendant’s position on child support,
alimony, division of property, and the other issues involved in the case.
Rules 55 and 80(f), Maine Rules of Civil Procedure. MARYLAND
If the Defendant does not answer the Summons and Complaint within the required time, the Plaintiff may request the court to enter default judgment for the relief
requested in the Complaint. The Plaintiff’s request for Default shall state the last known
address of the Defendant and state that the Summons and Complaint was served upon
the Defendant, and the Defendant has failed to answer. Even though the Defendant is
in default, a judgment of divorce may be entered only upon testimony of the Plaintiff.
The Plaintiff’s testimony must be corroborated by a witness.
ACM §7-101, and Rules 2-613 and S73, Maryland Rules. MASSACHUSETTS
Massachusetts law provides that if the Defendant does not answer the Summons
and Complaint within 20 days after they have been personally served on the Defendant,
then the Court may grant the relief requested by Plaintiff as a default.
Massachusetts law provides for a simplified procedure for obtaining a divorce if
the ground is irretrievable breakdown of marriage. Both parties must sign a Petition or
sworn Affidavit that there has been an irretrievable breakdown of the marriage, and the
parties must file with the court a notarized Separation Agreement which provides for
custody and support of children, for alimony, and for the disposition of marital property.
If the court approves the Separation Agreement of the parties, a judgment of divorce is
entered 30 days later without any further action by the parties.
ALM 208 §1A and Massachusetts Domestic Relations Procedure Rules. MICHIGAN
If the Defendant does not answer the Summons and Complaint within the required time after the Summons and Complaint have been personally served on the
Defendant, the court may grant the relief requested by Plaintiff as a default.
Rule 2.603, Michigan Court Rules. MINNESOTA
Minnesota law provides that if the Respondent does not answer the Summons
and Petition within 30 days after they have been personally served on the Respondent,
then the Court may grant the relief requested by Petitioner as a default.
Minn. Stat. §518.13. MISSISSIPPI
Whenever a person is served with a Summons and Complaint, the person is given a specified number of days to respond to the Summons and Complaint, usually by
filing a formal response, called an Answer, with the clerk of court and Plaintiff’s attorney.
If Defendant fails to file an Answer within the required time, the court may automatically
grant the relief requested by Plaintiff in the Complaint. This is referred to as a default
judgment. Under Mississippi law, a proceeding to obtain a divorce shall not be granted
by default judgment, except a divorce may be granted on the ground of irreconcilable
differences where the Defendant has been served and does not appear or the
Defendant has waived any right to appear and contest the action.
MC 93-5-7. MISSOURI
Under Missouri law the Respondent must file an Answer to the Petition within 30
days after the Summons and Petition have been personally served on the Respondent,
or the court will grant the relief requested by Petitioner as a default.
VAMS §74.05. MONTANA
The respondent has twenty days to serve and file a Response to the petition,
once the summons and petition have been served on respondent. If respondent fails to
file a response within the required time limit, the petitioner may ask the court to grant the
relief requested in the petition, by default.
MCA 40-4-105 and Rule 55, Montana Rules of Civil Procedure. NEBRASKA
The responsive pleading to a petition for dissolution shall be filed within 30 days
after the respondent is served with the summons and petition. If the respondent fails to
file a responsive pleading, the petitioner may ask the court to grant the relief requested
by the Petitioner in the petition for dissolution. Reissued Revised Statutes 42-354 and Rules 25-501 and 25-1308, Nebraska Rules of Civil Procedure. NEVADA
Nevada law requires a Defendant to answer a Complaint within 20 days after the
Complaint has been served on the Defendant. If Defendant does not answer the
Complaint within the required time limit, Defendant is in default, and the court may grant
the relief requested by Plaintiff without any further notice to Defendant. An application
for a decree of divorce by default may be made by Affidavit of Plaintiff, unless the court
requires oral testimony of witnesses. If the parties have agreed to a default divorce,
based upon a written settlement agreement, the agreement must be identified in the
affidavit requesting the default hearing. The written agreement should be attached to
Plaintiff’s affidavit or filed with the court. Any affidavit made to support the application for
a default, including an affidavit to corroborate residency, must: 1) be based upon the
personal knowledge of the party; 2) contain only facts which would be admissible in
evidence; 3) give factual support to each allegation in the application; and 4) establish
that the party is competent to testify to the contents of the affidavit.
Each of the judicial districts in Nevada has their own rules of practice and
procedure. These rules may require additional documentation, or specific time limits
involved, for default hearings. The local rules should always be consulted before
proceeding. NRS 125.123; Rule 55, Nevada Rules of Civil Procedure. NEW HAMPSHIRE
A Defendant must serve and file an Answer to a Libel within 30 days after
service. If the Defendant does not answer, the Plaintiff may request relief by default.
Once a Defendant has answered or filed any other written appearance in the case, no
default may be entered by the court, except on the written stipulation of the parties.
Rules 131 and 156, Superior Court Rules. NEW JERSEY
If the Defendant has failed to file an Answer or other written appearance with the
court, the Plaintiff may request a judgment and decree of divorce by default. The
Plaintiff shall file an Affidavit with the court, stating that the Summons and Complaint
were served on the Defendant and that the time to answer has expired. The request and
Affidavit for default shall be filed in six months of the actual default. The decree granting
a default judgment shall not order relief different from the relief requested in the
Plaintiff’s Complaint. Where the Plaintiff is requesting additional relief, including
equitable distribution of property, alimony, child support, and other relief, and the
Defendant has failed to answer and is in default, the Plaintiff shall file and serve upon
the Defendant, by mail, a Notice of Application for Equitable Distribution, Alimony, Child
Support, and Other Relief. The Notice shall be served on the Defendant, by mail, not
less than 20 days prior to the hearing date. The Notice shall include the proposed
hearing date, a statement of the value of each asset and the amount of each debt the
Plaintiff is requesting be distributed, the Plaintiff’s proposal for distribution, and the
Plaintiff’s statement of amounts being requested for alimony and child support. If the
parties have entered into a written Property Settlement Agreement, the Plaintiff is not
required to file this Notice.
Rules 4:43 and 5:5-2(e), New Jersey Rules of Court. NEW MEXICO
If the Respondent fails to answer the Summons and Petition within 30 days after
service on Respondent, the court may grant the relief requested by the Petitioner as a
default. The Petitioner must file an Affidavit with the court, stating that the Respondent
has not answered the Petition and is in default, and stating that the Respondent is not in
the military service.
Rule 1-055, New Mexico Rules of Civil Procedure for the District Courts. NEW YORK
New York law requires that a final judgment of divorce cannot be entered solely
upon default by the defendant. Judgment in such cases which are often referred to as
“undefined” actions, can be entered by the court only after the plaintiff provides
competent oral proof or written proof of the facts alleged in the complaint. A default
judgment may not be entered by the court unless the summons and complaint were
served together upon the defendant or if the summons itself was served, then that
summons must contain a specific notice that a summons was for an “action” for divorce
and stating the relief being requested by plaintiff. In order to obtain a default judgment,
the summons and complaint must have been served personally on the defendant, or the
plaintiff must have obtained approval by the court to serve the defendant in any other
matter. For example, if personal delivery of the summons cannot be made upon the
defendant in person, the court may allow alternate service, allowing plaintiff to proceed
with default judgment after such alternate service.
Domestic Relations Law §211 and 232. NORTH CAROLINA
The North Carolina Rules of Civil Procedure require a Defendant to answer the
Summons and Complaint within 30 days after they have been served on the Defendant.
If the Defendant has not answered the Summons and Complaint, Plaintiff can ask the
court to enter a default judgment, and award the relief requested by Plaintiff in the
Complaint. However, the court will not decree judgment in favor of the Plaintiff until the
Plaintiff has proven the facts alleged in the Complaint. If the Defendant has not
answered the Complaint or otherwise appeared in the divorce action, the Plaintiff is not
required to give the Defendant notice that the Plaintiff is asking the court for default
judgment. The court may enter a judgment of absolute divorce, based upon the
Plaintiff’s Affidavit as proof of the facts alleged in the Complaint.
GS §50-10 and Rule 55, North Carolina Rules of Civil Procedure. NORTH DAKOTA
The court may grant the relief requested by Plaintiff as a default if the defendant
does not answer the Summons and Complaint within twenty days after personal service.
NDCC §14-05-01, and Rules of Civil Procedure. OHIO
No action for a divorce may be heard and decided by the court until the expiration
of forty-two (42) days after the Defendant was served with the Summons and Complaint for divorce.
No action for divorce shall be heard and decided earlier than 28 days after the service of
any counter-claim by the Defendant.
Rule 75, Ohio Rules of Civil Procedure. OKLAHOMA
The Defendant has twenty (20) days to answer the Petition. Defendant’s failure to serve
and file an Answer allows the Plaintiff to ask the court for a default judgment. Unless the
Defendant has consented in writing, the court will not grant default relief greater than the
relief requested by Plaintiff in the Petition. No divorce shall be granted by the court
without proof, but either party is competent to testify regarding any fact necessary to be
proven to the court in order to obtain the divorce. If the Defendant has failed to answer
and has failed to file any other appearance with the court, Plaintiff need not give
Defendant notice of applying to the court for a default judgment. Notice of default
judgment is not required if the defaulting party has signed a waiver of right to be served
with the Summons and Petition. If the Defendant has made an appearance, or has filed
a motion or other pleading, default shall not be taken until Plaintiff files a motion for
default and gives five days notice of the date of the hearing.
Rules 8 and 10, Rules for District Courts of Oklahoma; 43 Okl.St.Ann. §130 and
§132. OREGON
In Oregon, the Respondent is not required to answer a Petition for Dissolution of
marriage, except by filing a general appearance or a general appearance with counter
claims relating to matters other than the grounds for dissolution.
ORS 107.055.
If the Respondent is found by the court to be in default, or if the Respondent has
waived a right to any further appearance (for example, if the parties have entered into a
written agreement resolving all issues), then the court will order a decree of dissolution
based on an Affidavit submitted by the Petitioner, in place of a court hearing. The
Petitioner’s Affidavit shall affirm the existence of the facts upon which the court may
grant the dissolution and shall cover such other factual matters as the court may require
in each individual case. If child support or custody of the minor children is involved, the
Petitioner’s Affidavit shall include the gross monthly income of each party and the party
with whom the children currently reside, and the length of time they have so resided.
ORS 107.095 and Uniform Trial Court Rules 8.010. PENNSYLVANIA
No judgment may be entered by default or solely based on the plaintiff’s
complaint. The plaintiff must apply to the court for a divorce decree or other relief. The
allegations in the complaint are deemed denied, unless admitted by defendants answer.
However, if the ground for the divorce is that the marriage has been irretrievably broken
and the parties have been separated for at least 2 years and plaintiff so states in a
supporting affidavit, the allegations in such an affidavit shall be deemed admitted by the
defendant unless specifically denied by the defendant in a counter affidavit. If defendant
fails to answer or otherwise respond to plaintiff’s complaint for divorce, plaintiff may
request the court to enter a divorce decree, but only after plaintiff has given at least 20
days prior notice to defendant. The plaintiff’s notice shall be in the form required by rule
1920.73, Pennsylvania Rules of Civil Procedure, in the form called “notice of intention
to request entry of divorce decree.” If the party against whom the decree is to be
entered has no attorney of record, the Notice of Intention to Request Entry of Divorce
Decree shall be accompanied by a form for a “counter affidavit” in the form required by
rule 1920.72(d) which the defendant may use to deny the allegations by plaintiff or to
make a claim for economic relief which may include alimony, division of property,
attorney fees, or expenses or other important rights.
If the ground for divorce is irretrievable breakdown of the marriage relationship,
and the parties have filed affidavits where the parties consent to that ground for the
divorce and 90 days have elapsed from the time of the commencement of the action,
then, upon request of either party, the court may review the record and enter the
appropriate decree.
Rules 1920.41, 1920.42, 1920.72, and 1920.73, Pennsylvania Rules of Civil
Procedure. RHODE ISLAND
The Defendant must serve and file an Answer to the Complaint within 20 days
after they have been personally served on the Defendant. If the Defendant does not
serve and file an Answer, the Plaintiff may ask the court to grant the relief requested by
Plaintiff as a default judgment. Plaintiff must first file an Affidavit with the court, stating
that Defendant is not in the military service. A default divorce may not be granted except
at a hearing before the court.
Rule 55, Rhode Island Rules of Procedure for Family Court; and GLRI 15-5-22. SOUTH CAROLINA
South Carolina law provides that if the Defendant does not answer the Summons
and Complaint within 30 days after they have been personally served on the Defendant,
then the court may grant the relief requested by Plaintiff as a default.
In divorce cases, even though the Defendant has not filed an Answer to the
Complaint within 30 days after service, the Plaintiff must still give Defendant written
notice of the time and date the Plaintiff will ask the court for a default decree. If the
Defendant is not represented by an attorney, notice is sufficient if mailed to the
Defendant at his last known address, by certified mail, return receipt requested. The
Defendant may be heard at the final court hearing on the issues of custody, visitation,
alimony, child support, equitable distribution of property, and attorney fees.
Rule 55, South Carolina Rules of Civil Procedure; and Rule 17, South Carolina
Family Court Rules. SOUTH DAKOTA
South Dakota law provides that if the Defendant does not answer the Summons
and Complaint within 30 days after personal service, the court may grant the relief
requested by Plaintiff as a default. No default judgment shall be rendered against a
Defendant unless a Complaint has been on file at least 20 days, unless the Complaint
was served with the Summons.
S.D.C.L. 15-6-55(b). TENNESSEE
A Defendant is normally given 30 days to answer a Petition for Divorce in
Tennessee. However, the Defendant has 60 days to answer the Petition if the
Defendant, instead of being served in person, is served by mail, and the Defendant
returns a waiver of personal service to the Plaintiff’s attorney. If the Defendant has not
served or filed an Answer to the Petition, and has not otherwise appeared in the action,
the Plaintiff can ask the court to order judgment by default. However, the court shall not
decree a divorce without a hearing, at which the Plaintiff must prove the facts alleged in
the Petition. However, if the ground for the divorce is the irreconcilable differences
between the parties and the Defendant has waived the right to file an Answer, the court
may grant default judgment without hearing testimony or other corroborative proof.
Rules 4.07 and 55, Tennessee Rules of Civil Procedure; and TCA §36-4-103 and
§36-4-114. TEXAS
Under Texas law, the Respondent is not required to submit an Answer to the
Petition for Divorce. In Texas, the Petitioner may not obtain a default judgment from the
court, on the basis of Respondent’s failure to answer the Petition, without Petitioner
appearing before the court and introducing evidence as to the basis for the divorce and
the relief requested. A divorce shall not be granted in any case until at least 60 days
have elapsed after the day the Petition was filed with the clerk of court. In an action for
divorce, either party may demand a jury trial. V.T.C.A., Family Code §3.53, §3.60, and §3.61. UTAH
If the Defendant does not answer the Complaint within 20 days after personal
service on the Defendant, the Plaintiff may ask the court to grant the relief requested in
the Complaint by default. If the decree is to be entered upon the default of the
Defendant, evidence to support the decree may be submitted upon the Affidavit of the
Plaintiff, with the approval of the court.
Rule 55, Utah Rules of Civil Procedure, and UCA 30-3-4. VERMONT
No final judgment shall be entered in a divorce action until after a hearing before
the court, which can include only the Plaintiff if the Defendant has not
appeared and is in
default. If the Defendant has not filed an answer to the Complaint, but has otherwise
filed any written appearance in the case, the court may hear the Defendant’s positions
regarding parental rights and responsibilities, maintenance, child support and attorney
fees.
Rule 4(d), Vermont Rules for Family Proceedings. VIRGINIA
A divorce action is commenced by one spouse filing a Bill of Complaint with the
clerk of Circuit Court. The clerk issues a Subpoena in Chancery, which is notice to
Defendant that the divorce action has been commenced, and Defendant must file an
Answer or be in default. If Defendant fails to serve and file an Answer to the Complaint
within 20 days after service, Plaintiff can ask the court for a default judgment. A
Defendant should never ignore legal papers served upon him. A Defendant should
always consult with an attorney before the time to answer has expired. However, default
divorces are a normal part of the process when the parties have settled all issues and
entered into a written agreement which provides that one of the spouses will ask the
court for a default divorce and will ask the court to incorporate all terms of the parties’
written agreement.
If Defendant has not answered the Complaint within 20 days, Plaintiff can ask the
court to schedule a default hearing. Plaintiff must appear personally and cannot ask for
a default simply on the basis of the relief requested in the Complaint. No divorce shall
be granted based on the uncorroborated testimony of the parties, or either of them.
CV §20-99; Rule 2:8, Rules of Supreme Court of Virginia. WASHINGTON
If the Respondent fails to file his Response to the Petition within the required time
limit, the court may grant the dissolution and grant the relief requested by Petitioner in
the Petition. This is referred to as a default or uncontested dissolution. A Respondent
should never ignore a Summons and Petition and should always consult with an attorney
before the time to respond has expired.
However, default decrees are a normal part of the process in the numerous cases
where the parties have settled all issues and entered into a written separation contract
which provides that one of the spouses will ask the court for a default decree based
upon the written separation contract.
Washington Rules of Civil Procedure and RCW §26.09.070. WEST VIRGINIA
The Defendant must answer the Summons and Complaint within 20 days after
personal service, or the Plaintiff may ask the court to grant the relief requested by the
Plaintiff as a default. The Plaintiff must appear before the court. No judgment order
shall be granted on the uncorroborated testimony of either party.
Rule 55, West Virginia Rules of Civil Procedure; WV Code §48-2-10. WISCONSIN
Wisconsin law requires a response to a Petition within 20 days after the date of
service. Service of the Summons and Petition for Dissolution must also be made upon
the Family Court Commissioner of the county in which the action is begun, whether the
action is contested or not. No judgment will be granted unless the Family Court
Commissioner has also been served.
Wis. Stat. §767.085 and 767.14. WYOMING
If the Defendant does not answer the Summons and Complaint within twenty
days after they have been personally served, the court may grant the relief requested by
Plaintiff as a default. Defendant’s time to answer is extended by 60 days if the method
of service is by a written Waiver of Service pursuant to Rule 4 instead of by personal
service.
Rules 4 and 55, Wyoming Rules of Civil Procedure. |
