If a respondent fails to answer a petition for divorce in the allotted time, what is the plaintiff’s recourse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a respondent fails to answer a petition for divorce in the allotted time, what is the plaintiff’s recourse?
plaintiff is incarcerated in Virginia.
Asked on September 28, 2015 under Family Law, South Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The petitioner plaintiff can file a default against the respondent for failing to file a timely answer. A default judgment means that the petitioner has won the case because the court will rule in favor of the petitioner since respondent failed to file an answer.
The respondent can file a motion to set aside the default. If the judge rules in favor of the respondent, the case will be back on track and litigation will continue. The respondent will have to provide a very good reason why the answer was not timely filed in order for the judge to grant the motion to set aside the default.
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.