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A default judgment in a divorce occurs when the petitioner (the spouse asking for the divorce) files the divorce complaint and the other spouse does not respond or appear in court. By default, the judge then gives the petitioner what he or she asked for in the divorce papers.
To finish your divorce or legal separation, you must turn in a set of final forms to the court. These forms let the court know youve met the required steps to get a default and you want your divorce or legal separation finalized. They also say if you want the judge to make any orders about spousal support.
A divorce decree could be invalid if a judges decisions were based on incorrect information or if the judge made errors affecting the outcome. If one party concealed assets or debts from the other, that could be grounds for appeal or modification.
A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiffs complaint.
A default judgment that does not dispose of all of the claims among all parties is not a final judgment unless the court directs entry of final judgment under Rule 54(b). Until final judgment is entered, Rule 54(b) allows revision of the default judgment at any time.
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