What is a default judgment?
A default judgment is a court ruling in a divorce case where one party fails to appear or respond to the complaint. This means that the court has ruled in favor of the other party without having to hear any arguments from either side. In Montana, if the party against whom the default judgment is issued does not appear in court within twenty days after the service of notice of motion or summons, or within the time allowed by any other rule having the same effect, the court may enter a default judgment against that party. The judgment will grant the relief requested in the other party’s complaint, including awarding of alimony, division of property and debts, and any other orders as specified by law. The court will have to consider the circumstances of the case before entering a default judgment, such as the income of both parties and any special needs of either party or any children involved.
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