What Is a Default Judgment in an Indiana Divorce?

When you are in the middle of a divorce, it may come as a surprise to one day receive notice or otherwise discover that a default judgement has been entered against you. 

A default judgement will disrupt your divorce settlement and finalization, but fortunately, they can be overturned depending on the circumstances of your case. Continue reading to get more information about default judgements and how you can get yours vacated or overturned.

Understanding a Default Judgement

A default judgement occurs when an individual is set to come before a judge. In cases of divorce, it would be to discuss a contested divorce or the terms of a divorce settlement. If the individual fails to appear in court for whatever reason, the judge can then enter a default judgement in favor of the other involved party. 

There are many different reasons why someone might not show up in court. Maybe they know they don’t have a case, or perhaps a notice of the date and time got sent to the wrong address. In any case, there are legal options to overturn or vacate a default judgement.

How to Overturn a Default Judgement

The basis for being able to overturn a default judgement is extensive. Some valid reasons for the vacation of a default judgement include:

  • You didn’t know you had to go to court.
  • New evidence was discovered.
  • Your ex has engaged in fraud or misconduct.
  • Missing court was a mistake.

These are just a few of the valid reasons to overturn a default judgement. If you are interested in vacating a default judgement, you’ll need to file a motion to vacate in court where a judge will decide if you have such grounds. 

Reach Out to an Indiana Divorce Lawyer

For help overturning a default judgement, get in touch with a qualified Indiana divorce lawyer at Rowdy G. Williams Law Firm. We provide free consultations to individuals going through a divorce across the state. You can take advantage of this opportunity by calling our office by phone at 1-812-232-7400 or via the quick contact form below.