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The divorce process in Michigan can be complicated.  There are deadlines and required documents that must be filed and if you fail to meet those deadlines or file those documents it can have very negative and serious consequences for your life.  One such item is having a Default Notice entered against you.  This post is written to briefly address what a Default Notice means in a Michigan divorce case and what you should do if you receive such a notice.  If you have any questions about family law or you are facing a divorce case yourself, please do not hesitate to contact us to schedule an appointment by clicking on this link or calling (248) 608-4123.

What Is A Default In A Michigan Divorce And What Should I Do If I Am Defaulted?

If you are served with Divorce papers (typically a Complaint for Divorce, a Summons and potentially some Ex Parte Orders) you have twenty-one to twenty-eight days to file an Answer to the Complaint with the Court and fourteen days to object to any Ex Parte Orders   When you file your Answer you should also file a Counterclaim for Divorce.  If you fail to file an Answer or Response to the Complaint for Divorce in a timely manner, then the other side may request that the court enter a Default against you.

Do not panic if you are served with a Default.  It does not mean the case is over and the other side can dictate whatever result it wants.  However you do have to take action quickly otherwise your ability to participate in the divorce process will be limited.  In fact, if you wait too long, then the other side can file a motion to enter a Default Judgment of Divorce against you and if that happens, then the other side will dictate the outcome of the case, typically to your detriment.

Very frankly if receive a Notice of Default, what you should do is immediately hire an attorney that specializes in family law aka a divorce lawyer.  Once you hire the attorney then that attorney will contact your spouse's attorney and request that they agree to withdraw the default.  In most cases, professional courtesy dictates that your spouse's lawyer will agree to withdraw the Default and allow the case to proceed as normal.  If the other attorney does not agree to set it aside, then your attorney will file a motion to have the default set aside.  In most cases the judges will set aside the default.  This is because the law indicates that due to the very sensitive and all encompassing nature of divorce as well as the constitutional right to parent your children, defaults are to be set aside routinely when requested by a defendant.  Frankly, even if the default is not set aside, in family law cases most judges will still allow you to participate at least in a limited manner in the divorce process despite the default but it is really best to avoid a Default and take such a serious risk.  If you are served with Divorce papers, you should contact an attorney or file an Answer immediately to avoid this issue entirely.

This blog was written to very generally address what a Default is in a divorce case in Michigan and what steps you should take if you are served with a Default Notice.  If you have questions regarding your own situation, do not hesitate to contact us to schedule a consultation by clicking on this link b or calling (248) 608-4123 because time is of the essence in dealing with these matters and some of the deadlines the court sets can have devastating consequences if you miss or ignore them.