Entry requires proof of proper service and expiration of the response period. Relief is generally limited to what the petition requested, and the court may still require evidence supporting the requested terms.
Default judgments may be set aside for good cause.
Alternative Names:
Divorce by Default|Default Divorce Judgment
Why it Matters?
Relief limited to the petition's request means a petitioner who asked for less than they were entitled to cannot obtain more by default, which makes the petition's prayer consequential at filing rather than at judgment. Setting aside a default is easier in family matters than in ordinary civil cases in many states, particularly where custody or support terms would otherwise be inequitable to a child.
Frequently Confused with
Related terms
Frequently asked questions
Can relief exceed the petition?
Are family defaults easier to set aside?
