What is a default judgment?

A default judgment is a ruling or decision made by a judge when one or both parties in a divorce case do not show up for court proceedings. In Virginia, a family court judge will make decisions about the dissolution of a marriage based on the information presented by the spouse who did appear for court. The judge will review the evidence and arguments presented, then determine the outcome. This could include issues such as alimony, child custody, and property division. If one spouse does not appear for court or fails to respond to a subpoena, the judge may enter a default judgment in favor of the spouse who did appear. A default judgment is a legal ruling that is made without input from the absent spouse and can include provisions that may not have been considered if all parties had been present. Generally, any divorce decree resulting from a default judgment is considered final and cannot be changed. In some cases, the judge may allow a spouse to file a motion to strike the default judgment if they have a legal reason for not appearing. If the court agrees, the divorce case can start over with a new hearing. Default judgments are a way for courts to make decisions in divorce cases when one spouse does not appear for court. It helps Virginia family courts maintain their schedules and keep proceedings moving forward.

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