Divorce can sometimes be a lengthy and challenging process, especially if one party is unresponsive. However, under Vermont law, current procedures allow for a default judgment divorce, even if the other party fails to respond. Here’s what you can expect from a default judgment divorce in Vermont.
What Is A Default Judgment?
A default judgment is a legal judgment that is made when one party, the plaintiff, files a lawsuit, and the defendant fails to respond or appear in court. The court then enters a judgment in favor of the plaintiff. In divorce cases, a default judgment can happen when one spouse files for divorce, but the other spouse fails to respond.
Filing For A Default Judgment Divorce
To file for a default judgment divorce, the first step is filing the necessary forms with the Vermont family court. The party filing for the divorce must complete forms relating to financial affidavits, parenting plans, and child support. These forms will typically need to be filed with the court alongside the divorce complaint.
After filing, the court will serve the other spouse with a copy of the complaint and a summons. The summons provides the other spouse with a deadline for responding to the complaint. If the other spouse fails to respond within 21 days, the plaintiff can then file a motion for a default judgment.
Obtaining A Default Judgment
Once the motion for a default judgment is filed, the court will review the motion and determine if it’s appropriate to enter a judgment. If the court approves the motion, a default judgment will be entered. The judgment can include provisions related to property division, alimony, custody, and child support.
Setting Aside A Default Judgment
If the other spouse later decides to challenge a default judgment, they are legally allowed to file a motion to set aside. This legal process allows the other spouse to provide evidence and argue that the judgment should be vacated. Setting aside a default judgment can be difficult, but in some cases, the Vermont family court may reverse the decision based on the evidence presented.
Final Thoughts
While a default judgment divorce may seem like the easiest way to obtain a divorce, it’s critical for both parties to seek legal representation. A family law attorney can help you understand Vermont’s laws and provide advice on how to proceed with your case. Whether you’re the plaintiff or defendant, working with an experienced attorney can help ensure your rights are protected, and you get the outcome you deserve.