Legal Question in Family Law in Michigan

My husband did not show up at divorce hearing. Should I have won by default?


Asked on 12/06/10, 8:52 am

1 Answer from Attorneys

Bethany Gemellaro Gemellaro Legal PLLC

Not necessarily. When the defendant is served with divorce summons and complaint, he/she has 21 (28 if served by mail or out of state) to respond with an answer. If he/she fails to respond, then defendant is considered to have defaulted. The practical effect is that the plaintiff gets relief requested. Not showing up at the hearing is not considered defaulting. I assume that your attorneys (or the parties) filed documents with the court in which you have denied and confirmed various allegations; filed motions with the court; and may have met with a mediator. So, the court has a record of what both sides want. Thus, his failure to appear at the hearing does not necessarily mean that you get everything you alleged in your original complaint. I assume you came to some kind of settlement agreement--otherwise you would be going to trial. Without more information from you, it's difficult to give you a definate answer. Good luck!

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Answered on 12/11/10, 12:33 pm


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