#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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Brown Family Law

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Daniel Tafur

Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.

Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.

heather saris

Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work

Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.

Chris Porter

You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.

Response from the owner:Chris, thank you. Glad we were able to guide you through your process.

Joselyn Cortes

Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!

Response from the owner:Joselyn, thank you for the kind words.

Suzanne Stevens

David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.

Response from the owner:Suzanne, thank you and glad David has taken care of you.

Jaren Harmon

Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!

Response from the owner:Jaren, thank you for the referrals.

Meghann Christensen

I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.

Response from the owner:Meghann, so glad Ray and Carren took good care of you.

Monica Cooper

I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.

Response from the owner:Thank you, Monica.

Michael Bringhurst

Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.

Response from the owner:Mike, thank you for the kind words and the referrals.

David Thimm

When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.

Response from the owner:David, thank you for our conversation and taking the time to leave this review.

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#1 Thing To Do when You Get a Default

Run

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