#1 Thing To Do when You Get a Default

There are very few ways to win (i.e, get 100% of what you want) in divorce. One way to win, however, is for the other side to default.

Default is when the other side doesn’t do anything at all. They don’t respond to pleadings. They don’t respond to Court summons. They don’t communicate.

When this happens, you win by default and get everything you asked for.

Defaults can happen when you file your Divorce Complaint and the other side doesn’t file an Answer. They can also occur when you go to court for a hearing and the other side doesn’t show up.

What is the #1 thing you should you do when this happens; when the other side defaults?

Run

That’s right: run. I know that doesn’t sound very lawyerly, but it’s true. If someone doesn’t show up for a hearing and the judge enters a default, run out of the courthouse as fast as you can.

The reason for this is because if the person shows up while you’re still in the courtroom, they judge will recall the default and go on with the hearing. If that happens, you chance losing. If you’re out of the courthouse and the other person shows up, the judge will tell your spouse the default because he or she didn’t show. Better safe than sorry.

Same principle applies to when your spouse doesn’t file an Answer. You want to run to the courthouse and file your Default Certificate and all your default paperwork. The sooner you do that the sooner the judge will sign your Divorce Decree.

Once the Decree is signed, your case is done. If your spouse comes back at that point and asks the judge to reopen the case, the judge will say no.

If you don’t run and file your default paperwork, however, you give your spouse extra time to respond. If he or she does respond, you probably won’t get everything you asked for. Better safe than sorry.

Lesson of the day: run.

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I just got off the phone with Kent and feel very confident in him and the help he has already provided in my case. He listened to and addressed my concerns with kindness and understanding and left me feeling like I'm not just another case, that he really is here to help me.

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I would hands down suggest Brown Family Law. Nathaniel helped me with my divorce, and he was very knowlegeable and knows his stuff. He helped me file a motion, get somethings changed in the original decree, helped me understand the terms they use, helped me understand how child support is calculated along is all the financial aspects associated with divorce case. He also is very responsive to phone calls and emails which was very helpful whenever I had small questions. Thank you Nathaniel!

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I can’t say enough good things about Brown Family Law, but more specifically, my lawyer David Handy and his paralegal Dani. They are kind and honest and always available to me when I’ve needed them! This is such an exhausting time and they alleviated all of my stress by taking control. I could trust the process knowing I was in great hands!!! The entire law firm works as a team to take care of you! I can’t recommend them enough! Thank you!!!

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Overall from start to finish the best experience to have dealing with a time that is difficult.Andrew Christensen is very professional and out going to make this situation the best it could be and worked hard to make sure the divorce was fair for me.Over all, this firm really cares and treats you as a family or friend and just not a client, down to Marco Brown taking time to see how I was doing and offer to help in any way possible during my divorce while I was there for my first initial meeting.I would highly recommend anyone that has to go through a divorce to really reach out to the Brown Family Law firm and see for your self the experience I was able to receive from a top notch law firm.

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#1 Thing To Do when You Get a Default

Run

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