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In the past, we’ve touched on the importance of following proper procedure during all phases of the divorce process. We’ve discussed the fact that, if even one small piece of procedure isn’t followed, the entire outcome of a given case can be dramatically changed. What happens if one party simply refuses to participate in the process? In other words, what if one party, byway of his or her laziness or some other reason, simply refuses to respond to the divorce petition altogether? We haven’t talked about “default judgment” very much on our blog so far, but this is precisely the concept which applies to these types of situations. If one party refuses to respond or fully participate, and the petitioning party follows all steps correctly along the way, then a default judgment may be entered. This is precisely what happened in the relatively recent case of Huang v. Zheng (2017). Let’s look at this case a bit more carefully.
Factual Overview of the Case
The couple in this case was originally from China, and the marriage occurred in that country back in 1994. The couple emigrated to the U.S., and ultimately had two children together, one in 2004 and the other in 2006; both children were born in the United States. The couple eventually separated in 2012, at which point the father and both children returned to China. The mother apparently put forth no objection to the father’s taking the children back to China with him. The mother remained in Maryland, and the father ultimately ended up petitioning for divorce in November of 2017.
The father was represented by counsel throughout the divorce, whereas the mother never obtained counsel. The father followed all procedural steps properly throughout the process. The mother was properly served with notice of the upcoming divorce, but she never filed a response. The father produced evidence that the service was made at the mother’s place of employment. The father sought custody of the children, child support, and also a lump sum payment (for child support). The court ultimately ended up giving the father a default judgment when the mother failed to respond. The court then stated that the mother had 30 days to file for a reversal of this default judgment, otherwise the judgment would stand. Finally, after this 30-day deadline expired, the mother filed an appeal with the court to overturn the default judgment.
Ruling & Discussion
Although the mother finally gave a response, the 30-day deadline had expired and court kept the default judgment in favor of the father. The father was awarded custody, child support, and also a monetary award in the amount of $121,000. This is a prime example of the need to follow procedure and give a timely response when someone petitions for divorce. Clearly, the mother didn’t want to comply with the final terms of the divorce judgment, otherwise she wouldn’t have eventually filed the appeal. But, she simply failed to respond within the timeframes established by the court, and this ended up leading to an undesirable result. Perhaps more than anything, this case shines a bright light on the need to obtain quality counsel immediately after the petition is filed. If the mother had acquired a competent attorney right away, she would’ve in all likelihood been able to achieve a much more favorable outcome.
Contact the Murphy Law Firm for Additional Resources
To learn more about the divorce process in general, or any particular topic in family law, reach out to one of the family law attorneys at the Murphy Law Firm today by calling 240-219-8825.
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