Failing to respond to divorce papers within the required timeframe results in a default judgment, meaning the court can grant your spouse a divorce and award them everything they requested without hearing your side. You lose your right to contest property division, custody arrangements, support amounts, and other terms simply by missing the deadline to file a formal response. This consequence occurs regardless of whether you ignored the papers deliberately or didn’t understand what to do.
Our friends at Robinson & Hadeed emphasize that responding to divorce papers on time is absolutely necessary to protect your rights, even if you agree with the divorce or can’t afford an attorney. A Port Orchard, WA divorce lawyer can file a response on your behalf, but you must act quickly before deadlines pass and default becomes unavoidable.
Response Deadlines
Most states give you 20 to 30 days after being served with divorce papers to file a formal response with the court. This deadline starts from the date you were personally served, not from when your spouse filed the initial petition.
The response deadline is strictly enforced. Courts don’t automatically grant extensions because you were busy, didn’t understand the paperwork, or thought you could work things out informally with your spouse.
Weekends and court holidays might extend deadlines in some jurisdictions, but you can’t rely on these technicalities. File as soon as possible rather than waiting until the last possible day.
What Default Judgment Means
Default judgment allows the court to grant the divorce and approve all terms your spouse requested without your participation. You forfeit your right to be heard on any issue in the case.
The court can divide all property according to your spouse’s proposals. If they claim you should get nothing, the court might agree. If they want the house, retirement accounts, and vehicles, default lets them have these assets.
Default judgments can result in:
- Custody arrangements giving your spouse primary or sole custody
- Child support calculated based only on information your spouse provides
- Spousal support orders you had no chance to contest
- Property division favoring your spouse with no input from you
- Debt allocation assigning you responsibility for marital debts
You remain bound by default orders even though you never participated in creating them. These orders are enforceable like any other court judgment.
The Default Process
After the response deadline passes without you filing anything, your spouse’s attorney files a request for default. This document asks the court to note that you failed to respond and to proceed without your participation.
The court clerk enters the default, creating an official record that you’re in default. Once entered, the default allows your spouse to request a final judgment.
A default prove-up hearing might occur where your spouse presents evidence supporting their requested orders. You won’t receive notice of this hearing since you’re in default. The court can grant final divorce orders based only on your spouse’s testimony and evidence.
Exceptions For Military Service Members
Active duty military members receive protections under the Servicemembers Civil Relief Act. Courts cannot enter default judgments against service members without specific findings and procedures.
If military service prevented you from responding, you might set aside default judgments. However, you must act quickly and prove that military duties materially affected your ability to appear.
Setting Aside Default Judgments
Getting default judgments set aside is difficult but sometimes possible. You must file a motion to set aside the default and prove you meet specific legal requirements.
Generally, you must show you have a valid excuse for the default, that you acted promptly to set it aside once you learned about it, and that you have a meritorious defense to the divorce claims.
Valid excuses include lack of proper service, serious illness preventing response, or circumstances truly beyond your control. Simply forgetting, being too busy, or not taking the papers seriously doesn’t qualify.
Meritorious defense means you have legitimate disagreements with what your spouse requested. If you can show you should receive different property division, custody arrangements, or support terms, courts might set aside defaults to allow fair hearings.
Time Limits For Setting Aside Defaults
Most states impose strict time limits for requesting relief from default judgments. You typically must file within weeks or months of the default, not years later.
The longer you wait to challenge a default, the harder it becomes. Courts want finality and won’t set aside old judgments except in extraordinary circumstances.
Why People Ignore Divorce Papers
Some people hope ignoring papers will make the divorce go away. This never works. Your spouse can still get divorced without your cooperation.
Others don’t understand the legal significance of the documents. The papers might seem like preliminary notices rather than legal summons requiring immediate response.
Fear or emotional overwhelm paralyze some recipients. The reality of divorce feels too painful to face, so they avoid dealing with the paperwork.
Financial concerns about affording attorneys prevent some responses. However, you can file responses yourself if necessary, and many courts have self-help services for people without lawyers.
Responding Even If You Agree
Even if you agree to the divorce and don’t contest any terms, you should still file a response. Your response can indicate agreement while preserving your right to participate if issues arise.
Uncontested divorces where both parties cooperate still require both parties to file appropriate paperwork. Your agreement doesn’t eliminate the need to respond formally.
What A Response Includes
A response to divorce papers addresses each allegation in the petition. You admit or deny specific claims and state your own requests regarding property, custody, and support.
The response preserves your right to be heard at hearings, participate in settlement negotiations, and present evidence at trial. Filing this document keeps you in the case.
Specific format requirements exist for responses. Courts expect particular document structures, proper captions, and certain language. Many courts provide forms that simplify filing responses correctly.
Getting Help After Missing The Deadline
If you missed the response deadline but default hasn’t been entered yet, file your response immediately. Courts sometimes accept late responses, particularly if only days have passed.
If default was already entered, consult an attorney immediately about setting it aside. Time is running out, and procedural requirements for attacking defaults are technical.
Preventing Default In The First Place
Take divorce papers seriously from the moment you receive them. Read everything carefully and note all deadlines.
Contact an attorney immediately after being served. Even if you can’t afford to hire one for the entire case, a consultation helps you understand your obligations and deadlines.
File something even if you need more time. A basic response preserves your rights while you figure out next steps. You can amend or supplement your response later.
Use court self-help resources if you can’t afford an attorney. Many courts offer assistance programs, forms, and instructions for people representing themselves.
Special Service Situations
If you weren’t properly served with divorce papers, you might have grounds to set aside default even after judgment is entered. However, proving improper service requires evidence.
Service by publication happens when you can’t be located. If your spouse used publication service when they actually knew where you were, the default might be voidable.
Effect On Credit And Finances
Default judgments can assign you debt obligations you never had chance to contest. Credit damage from these debts affects you even though you didn’t participate in dividing them.
Property awarded to your spouse in default can’t be recovered later except in rare circumstances. Once the judgment is final and appeal periods expire, property division is permanent.
Impact On Custody And Children
Default custody orders deprive you of parenting time and decision-making authority you might have received if you’d participated. These orders affect your relationship with your children for years.
Child support amounts set by default might be higher than they should be if your spouse provided inaccurate income information or if proper calculations weren’t made.
Why Responding Matters Even In Hopeless Situations
Even if you believe you’ll lose everything anyway, participating lets you potentially negotiate better terms, ensure accurate information is considered, and preserve appeal rights if the judgment seems unfair.
Participating creates a record. If you later need to modify custody or support, having participated in the original case demonstrates your involvement and commitment.
Moving Forward
Ignoring divorce papers creates default judgments that grant your spouse everything they requested while eliminating your ability to contest property division, custody, support, and other fundamental issues that affect your financial future and relationship with your children. The brief response deadline and strict consequences for missing it make immediate action necessary whenever you receive divorce papers, regardless of your feelings about the divorce or your financial ability to hire an attorney. If you’ve been served with divorce papers and the deadline is approaching, or if you’ve already missed the deadline and need help setting aside a default judgment, reach out immediately to discuss your options before it’s too late to protect your rights.