Legal Question in Family Law in Maryland
My husband is incarcerated and I filed for divorce. He did not answer in 30 days so I filed an order of default. Do I have to wait another 30 days while they give him another chance to answer? He already told me his is not answering?
2 Answers from Attorneys
You need to file not only a motion for default, but also a non-military affidavit in compliance with the Servicemembers Civil Relief Act of 2003. Did you do that? If so, an order of default will automatically be entered and sent to him. That order will give him another 30 days to (a) explain why he didn't answer, and (b) assert that he has a legitimate defense. They court may well schedule your final default hearing now, but cannot schedule it for a date less than 30 days after the order of default is entered.
There is no default judgment (or orders) in divorce cases under Georgia Law. If your husband does not answer, you still have to prove your case for divorce. His failure to answer merely deprives him of the right to further notice. Even then, some judges will require you to notify him of the final hearing. To prove your case you may be required to testify at a hearing or you may be able to obtain a judgment on verified pleadings or with affidavits submitted to the court. I STRONGLY recommend that you hire a Georgia family law attorney to help you through this process.
Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.*******