Divorce Procedure Default

Divorce and the Duty to Respond

If you are served with a divorce complaint, you have a duty to respond. Failing to respond can lead to a default judgment by the court, leaving you without a voice on matters such as marital property division, custody and visitation of your children, and alimony payments.

Protect your rights. If you receive divorce papers, seek help right away from an experienced men's rights lawyer at Gordon and Shaw, PLC in Grand Rapids.

Don't wait until it's too late. Contact us immediately for help protecting your rights and interests in the divorce process.

Divorce Complaint and Default

Divorce is a serious business. When your wife pursues divorce though the courts, she is filing a lawsuit, or complaint, against you. As committed men's rights advocates, we urge you to take action immediately. Don't get lulled into believing everything will be fair.

Even when you are planning to pursue an uncontested divorce or to work out the details of the divorce with your wife, you must protect yourself. If you don't file an answer in time, your wife can file a motion to enter an order of default, and you are effectively conceding her claims

We review all paperwork with you and address any concerns that may compromise your interests. We help you answer the divorce complaint and file a counterclaim that must be answered by your spouse.

Motions for Temporary Orders

Divorce papers may include a number of different documents. In addition to the complaint, there may be motions requesting child custody or temporary spousal support. The divorce paperwork may include allegations of domestic violence or requests that the court freeze shared bank accounts.

Oftentimes, these temporary requests are granted without a hearing. If you wait to respond or choose not to respond, you may surrender your rights entirely.

Waiting Period

By law, every divorce in Michigan is subject to a waiting period. If there are minor children involved, the waiting period is six months; if there are no children, the period is 60 days.

Because of this waiting period, many men are lulled into a false sense of security. The consequences of not responding to a divorce complaint may not be immediately apparent, as nothing will happen with the divorce proceedings during this time.

If you haven't responded to the complaint by the end of the waiting period, the court can enter a default judgment - thereby depriving you of the right to respond.

Safeguard Your Rights and Interests

When you fail to respond to a divorce complaint, you jeopardize your rights from the start. If the court enters a default judgment, you will have no right to be heard in the courtroom. By not responding, you are surrendering the right to make your case.

Sometimes we can correct the problem. Following the entry of a default judgment, we can request that the court set aside this judgment. However, we will have to demonstrate that you had good cause for failing to respond and that you have a meritorious defense; both of these arguments are very difficult to win. To protect your interests, it is best to avoid the entry of a default judgment entirely.

Call Us for Help Today: 616-827-ADAM (2236)

Don't wait until the last minute. The clock starts ticking the moment you receive divorce papers. If you face a divorce complaint, the ball is in your court.

Contact Gordon & Shaw PLC or ADAM (American Divorce Association for Men) immediately for sound legal counsel focused on men's rights.