Divorce can be a contentious and emotional process for couples. Sometimes, one party may refuse to participate in the process, which can lead to delays and complications. In such cases, a default judgment may be issued. This article provides an overview of what a default judgment is in a Hawaii divorce.
Defining a Default Judgment
A default judgment is a court order that is issued when one party in a legal proceeding fails to respond or appear in court. It represents a situation where one spouse, in a divorce case, has failed to respond to the divorce petition or failed to show up in court on the scheduled hearing date.
To provide further clarity, when a defendant fails to respond to a complaint or fails to appear at a hearing, the plaintiff gains the right to ask the court to enter a default judgment against the defendant. In a divorce case, this means that the court will grant the divorce and make determinations on all issues raised in the petition, even without the participation of the other spouse.
How a Default Judgment Works in a Hawaii Divorce
In the beautiful state of Hawaii, a default judgment can be issued if the defendant fails to respond to the divorce petition within the allocated 20-day timeframe after being served with the divorce papers. Should the spouse fail to respond within this specified period, the petitioner reserves the right to file a Motion for Default, which serves as a request to the court for entering a default judgment.
It’s important to note that before the court can issue a default judgment, it becomes imperative for the petitioner to substantiate that the defendant has been appropriately served with the divorce papers. This entails proving that the papers were personally delivered to the spouse or sent via mail, while ensuring the spouse had adequate time to respond.
Upon the court’s decision to grant the Motion for Default, the petitioner will gain the ability to move forward with the divorce proceedings, effectively eliminating the need for the spouse’s active involvement. At this stage, the court will meticulously review all the issues raised in the divorce petition, including but not limited to property division, alimony, child custody, and child support, subsequently making an informed ruling based on the evidence presented by the petitioner.
Challenging a Default Judgment
Even in cases where a default judgment has been issued, the defendant may still have an opportunity to challenge it. Under the laws of Hawaii, the defendant can formally file a Motion to Set Aside the Default Judgment within a designated period of 30 days from the date the judgment was entered. Naturally, the defendant will be required to provide sufficient evidence to demonstrate valid reasons for their failure to respond or appear in court. These legitimate reasons may include sickness, military service, or unawareness of the ongoing lawsuit.
Should the court favorably consider and grant the motion to set aside the default judgment, the case will be reopened, allowing the defendant to actively participate in the divorce proceedings as originally intended.
Conclusion
In the event that one spouse, regrettably, fails to participate in a divorce case, the possibility of a default judgment arises. This essentially means that the court will grant the divorce and make determinations on all the issues raised in the petition, even in the absence of the other spouse’s participation. However, it’s important to note that if a default judgment has been issued, the defendant still possesses an opportunity to challenge it by filing a motion to set aside the judgment. To better navigate the complex process of divorce or challenging a default judgment, it is highly recommended to seek the professional assistance of an experienced family law attorney.