What is a default judgment?

A default judgment is a court decision made when one party involved in a divorce case fails to show up to court. This means that the court will make a ruling based on the evidence presented by only one of the spouses. In Alabama, a default judgment is usually issued when the responding spouse has failed to respond to the original summons and complaint by the required deadline. The default judgment is binding and cannot be set aside by the court unless both spouses are present at the hearing and can show good cause as to why the default judgment should be set aside. If the court decides to set aside the default judgment, then the couple can proceed with the divorce case. It is important to note that even if a default judgment has been issued, the spouse who was not present at the hearing may still be able to contest the judgment in the future.

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