What if my spouse does not answer the divorce summons in a military divorce?
In California, if a spouse does not answer a divorce summons in a military divorce, the court can enter a default judgment against the person who did not respond. This means that the court can decide without input from the non-responding spouse how to divide the marital assets, award custody of the children, and make other decisions in the divorce. The court may also enter a default judgment granting the petitioner (the person who filed the divorce) a divorce without the other spouse’s consent. In the State of California, the military spouse who has been served with a summons must respond within 30 days. If they do not respond, they may not receive any information about the divorce proceedings or be given notice before the court enters a default judgment against them. Upon entering the default judgment, the court’s decision may be binding and a spouse cannot contest it in court. If this happens, the non-responding spouse can file a motion to set aside the default marriage judgment. This is a legal process that must be done through a court filing. The non-responding spouse must explain why they did not respond and convince the court that they have legal grounds to contest the divorce. The court will then review the evidence and decide if they will set aside the default judgment and allow a trial date to be set for the divorce proceedings.
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