Key Takeaways
What Happens If Someone Doesn’t Respond to a Divorce Filing?
In Pennsylvania, once a divorce petition is served, the receiving spouse has a limited time to respond. If they fail to file an answer within that timeframe, the court may enter a default judgment—a ruling that grants the filing spouse many or all of the requests made in the petition.
This can have serious consequences, including loss of property rights, control over child custody decisions, or missed opportunities to negotiate support and asset division.
Watch: The Cost of Ignoring Divorce Papers
In the video above, we share the story of Taylor. He ignored the divorce papers he was served, thinking the process would slow down or become easier if he didn’t engage. Instead, the court ruled in his spouse’s favor and granted her nearly everything she requested. Taylor only reached out for help after the judgment had already been entered.
By acting quickly, our team was able to file a motion to set aside the default. We successfully argued for a second chance, and helped him negotiate a fairer, balanced settlement.
How Default Judgments Work in Divorce Cases
When a party is served with divorce papers in Pennsylvania, they generally have 20 days to respond. If they do not:
- The filing spouse can request a default judgment
- The court may grant everything in the initial petition
- No trial or formal hearing may be required
In some cases, a spouse may not respond because they are overwhelmed, afraid, or unsure of what to do. Unfortunately, inaction can lead to an irreversible outcome.
Setting Aside a Default Divorce Judgment
It is sometimes possible to reverse a default judgment, but time is critical. Pennsylvania courts may grant relief if the defaulted party can show:
- >A valid reason for not responding on time
- Prompt action once the error was discovered
- A legitimate defense or reason the original request should not be fully granted
This process involves filing a formal motion and appearing before the court. Legal guidance is essential.
If Your Spouse Has Defaulted
If your spouse fails to respond, you may have the opportunity to request a default judgment. This can speed up the process, especially if the issues are straightforward or your spouse is uncooperative. However, courts may still review the request to ensure it is fair.
Even when default is an option, legal strategy still matters. A poorly prepared default can delay your case or result in post-judgment challenges.
Work with a Divorce Attorney Who Knows the Process
At Petrelli Previtera, our attorneys help clients navigate both sides of default divorce judgments. Whether you need to protect your rights after ignoring a filing, or you’re pursuing a divorce from a spouse who refuses to engage, we can help.
Learn more at What to Do After Being Served with Divorce Papers in Pennsylvania or visit our Philadelphia Divorce Lawyer page for local support.
Schedule a Confidential Consultation
If you’ve been served or are considering divorce and your spouse hasn’t responded, speak with an experienced attorney. Don’t let a missed deadline decide your future.
Call (866) 465-5395 today for legal guidance tailored to your case.