If I obtain a default divorce, can my ex-spouse appeal it?

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If I obtain a default divorce, can my ex-spouse appeal it?

If my spouse fails to file an answer with the court, and I am granted a Default Judgment of Divorce, if I am awarded everything I ask for in the petition, is there anything that my ex can take to recoup what they lost? A second hearing has been denied by the judge. 

Asked on October 6, 2010 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What is throwing me here is the statement that "a second hearing has been denied by the judge."  A second hearing for what?  When a party does not answer in an action for divorce but the petitioner (you) have proven that they have been properly served, a default judgement as to the divorce is generally valid and can be upheld.  The key is proper service on the defaulting party.  This gives the court "jurisdiction" over the person, which means that they can make a decision that effects them.  But this does not always give them jurisdiction to decide what happens to the marital property.  Some states will not decide distribution of marital assets or child custody issues permanently unless the person is before them.  Courts will issue temporary awards.  Seek legal help here.  Good luck.


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