In many divorce cases that I am involved with, one party does not answer the initial petition, which leads to a default judgment being entered against them. They do so at their peril.
Most initial petitions filed in a divorce case are void of specifics, instead using language like, “the parties’ community property and debts should be equitably divided.” Equitable division is not the same as equal division. If you have been defaulted upon, your right to argue what is equitable is extinguished.
A perfect example of this is a recent case I have been retained on by a Husband, who recently graduated from medical school. He allowed a default to be entered against him, only to discover that at the default hearing his Wife claimed that an “equitable” division of community property and debts needed to take into account the value of his medical degree.
Subsequently, Mother was awarded almost all of the community property, with Husband being awarded almost all of the community debt. The difference was close to $400,000.00.
I am now trying on behalf of my client to set aside the default judgment and undo what was done, a far harder process than if he had not allowed the default to be entered and had made his case before the Court.
The moral of the story is, never allow a default to be entered against you. You may think you understand what the outcome will be, but you’ll probably end up being unpleasantly surprised.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
My daughter defaulted, due to her ignorance. They had very little, lost their own, only some personal belongings. but X did take the paid off car and computer,musical equipment valued at $5k. She just wanted out, and wanted nothing from him. When they went to court to modify custody of 2 children several years later, this default was brought to attention of Judge, that she defaulted. Is it also looked poorly on by judge? She thought all she needed to do was sign the divorce papers and be done with it. Obviously if it's important enough for the other side to let judge know it must be a negative mark on the one defaulting?
ReplyDelete