If I obtain a default divorce, can my ex-spouse appeal it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I obtain a default divorce, can my ex-spouse appeal it?
If my spouse fails to file an answer with the court, and I am granted a Default Judgment of Divorce, if I am awarded everything I ask for in the petition, is there anything that my ex can take to recoup what they lost? A second hearing has been denied by the judge.
Asked on October 6, 2010 under Family Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
What is throwing me here is the statement that "a second hearing has been denied by the judge." A second hearing for what? When a party does not answer in an action for divorce but the petitioner (you) have proven that they have been properly served, a default judgement as to the divorce is generally valid and can be upheld. The key is proper service on the defaulting party. This gives the court "jurisdiction" over the person, which means that they can make a decision that effects them. But this does not always give them jurisdiction to decide what happens to the marital property. Some states will not decide distribution of marital assets or child custody issues permanently unless the person is before them. Courts will issue temporary awards. Seek legal help here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.