A Lack of Response Can Determine a Divorce
Video Transcribed: What is a default divorce in Oklahoma? I’m Tulsa attorney, James Wirth, that’s a question that we have. What is a default divorce?
Default in a civil case, essentially means that you’ve gotten service of process. You filed a civil action, you served it on the other side, and they did not file responsive pleading timely. Or in some different manner, they’re in default of their obligations to the court. Typically, it means not filing a timely answer, not filing an answer at all. And family law court divorces and all that, are run by the rules of civil procedure, so it’s the same as in a civil case. So it’s not any different, just because it’s a divorce, it’s the same thing.
So you file a petition for dissolution of marriage, and you get that filed with the court. Then you have to get a service of process on your spouse. And when you serve that, you serve it with a summons that says, they need to file a responsive pleading within 20 days. If they do not file that responsive pleading, which would be typically an answer and counterclaim, then at that point, they’re in default, and you can file a motion for default judgment, or get an order, granting default divorce to the judge, get it signed off on. Simply because, if they refuse to participate, then the case cannot go forward in any other way, other than the default.
And you can get defaults granted, and get a divorce granted by defaulting, get custody, visitation, child support. Pretty much anything in the court system can be done by default, if the other party, having proper notice, and properly served under the statute, is refusing to participate. Otherwise, the system could be hamstrung by somebody refusing to participate. So that is what a default divorce is. Same in any other civil case, where the party’s not participating and doesn’t file an answer, you get a default that way.
If you’ve got a question related to family law in Oklahoma or any other issue in Oklahoma law, you’re going to want to talk to an attorney about that privately and confidentially. To get that scheduled with an Oklahoma divorce lawyer at my office, you can go online to makelaweasy.com.
