• Max Factor

I Have Been Served With Divorce Papers. What Happens If I Don’t Respond?

Q. I was served with divorce papers. What happens if I don't respond?

A. If your spouse has served you with divorce papers you have 20 days to file a response. If your 20th day is on a weekend or holiday you are given until the following business day to file your response. If you choose NOT to respond within the required time frame your divorce can result in a default judgement. A default judgement basically means your ex-spouse will ask the judge to grant all of their requests in the initial divorce filings and the judge can do so based on your failure to respond.

If there are financial interests at stake in your divorce, such as alimony or child support, your divorce case will proceed without a default judgement. You are legally entitled to determine the amounts of money, child support, etc. If you have children, a parenting plan is also something that must be agreed upon between both parents. Once all of the financial aspects of the divorce are agreed upon the judge will issue a final judgement in the case.

If you believe a default judgement was wrongly ordered against you, you may file a motion to vacate. If you were willing, but unable to respond within the 20 day allotted time frame due to unforeseen circumstances, the default judgement may be vacated. It is best to seek legal counsel to determine your next best steps when it comes to any kind of divorce proceedings, but especially this one. A default judgement can have a negative impact on the outcome on your divorce if none of your wishes are considered. Max Factor Law is ready to be your advocate in your divorce case so that your future begins on the best footing possible. Contact Max today to schedule a consultation to discuss your divorce case.

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