Divorce Dex.com: Default Order or Judgment

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Definition Default Order or Judgment - an order or judgment made based on only the plaintiff’s (petitioner’s) complaint, due to no response or presence of the defendant (respondent).

Application in Divorce A default judgment is one entered into when a party fails to respond to a claim brought against him or her. Under the rules of civil procedure, a party who fails to respond to a suit seeking affirmative relief is in default and judgment by default may be entered against him or her. In other words, a person must make a case by appearing to have a case.

Default, however, is sometimes used to expedite the workings of the law, as in the case of a default divorce. In this, one spouse files and the other spouse does not respond. After the couple has worked out the marital settlement, the spouse who files take care of the details and the other just sits back and lets it happen. A default divorce is "easy" and a lawyer is not necessary.

See Default Divorce.

See also Soldiers and Sailors Civil Relief Act of 1940 (SSCRA).

See Default Divorce.

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