What is a default judgment?

A default judgment is a court ruling issued when one party in a divorce case fails to respond or show up to a court hearing. This occurs when the respondent, or the party being served in the divorce proceedings, does not take action before the hearing. In Maryland, if no response from the respondent is received within thirty days of service, the petitioner can request for a default judgment. Once this request is made, the court will grant the petitioner his or her requests regarding division of assets, alimony, child custody, and other matters stated in the petition. This means that the petitioner is able to receive what they requested from the court, without requiring input from the other spouse. However, the court may still review and modify the judgment if there are significant misstatements of fact or if the court finds that the division of assets was not the best decision in the case. Additionally, the respondent may file a motion to set aside the default judgment and ask for a new trial. Ultimately, the default judgment provides a way for the petitioner to receive some relief from the court should the respondent fail to respond in a timely manner. It is an important, yet sometimes controversial, part of the Maryland divorce law.

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