Default Divorce

Default Divorce Attorney In Anoka, Minnesota

Once the court has received the divorce petition, the responding party only has a certain period of time to file a response. This is called an “answer.” If the responding party does not file an answer in a timely manner, or they fail to answer at all, the petitioning party can move for the court to grant a default divorce.

If you are seeking a default divorce or you need to defend yourself against one, Christian Peterson is a highly experienced Anoka divorce lawyer who can work with you and for you to achieve the result that you are seeking in the matter.

Standing By You Throughout Default Divorce Proceedings

The divorce case can be put on the court docket by the petitioning party after the other party has defaulted. The case is then heard by a judge. However, the judge will hold a “default hearing” on the case. As long as the petition establishes the legal basis for the divorce, the judge will grant the petitioning party all of the relief that they have requested. They grant it because the other party has not taken any action to contest any part of the divorce, which means they have forfeited the opportunity to participate in the process.

This may seem like an advantageous situation since it means that the court can enter the divorce decree without hearing the side of the other spouse. While most family court judges do prefer to have both spouses involved and for the case to be open and shut just once, that is not always the case because the defaulting spouse can have the opportunity to approach the court for relief at a later date. This is the primary drawback of default divorce. Issues, such as parenting time, child support, spousal support, and the division of assets and debts can come about after the default divorce has been granted.

Reopening A Default Divorce Case

The default divorce case will only be reopened if the judge finds that it is for a “good cause.” The presence of “good cause” means that the judge will allow the matter to move forward as a contested divorce. However, what constitutes “good cause” can depend on a number of factors, such as:

  • The divorce petition was not properly served to the defaulting party
  • The defaulting party was a member of the military
  • The defaulting party was physically unable to file their answer within the allotted time period

If you wish to file for a default divorce or defend against one, you need the assistance of an experienced Minnesota divorce lawyer. Mr. Peterson has the experience that you need to help you obtain the best result in your case so you can put the matter behind you and move forward with your life.