Summary
In Maryland, when an order of default in a divorce case expires, the defendant can file a motion to vacate the default judgment by showing a valid reason like mistake or excusable neglect. If no motion is filed, the court may proceed with the divorce, potentially scheduling a hearing to finalize it. Procedures can vary, so consulting local court rules or an attorney is recommended.Full Conversation
What happens after an order of default expires in a divorce case
Once an order of default expires in a South Carolina divorce case, the defendant may have the opportunity to file a motion to set aside the default. This motion must demonstrate a valid reason such as excusable neglect, mistake, or other justifiable cause. It's important to act quickly.
in maryland
In Maryland, when an order of default in a divorce case expires, the defendant can file a motion to vacate the default judgment. They must show a valid reason, such as mistake, inadvertence, surprise, or excusable neglect. Timing is crucial, so prompt action is recommended.
What if the defendant does not file a motion
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If the defendant does not file a motion after an order of default expires, the court may proceed with the divorce case without the defendant's input. This could result in a judgment that may not favor the defendant, as they lose the chance to contest or present their side.
So a court date is automatically issued in the case?
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In South Carolina, if a defendant does not file a motion after an order of default expires, the court may schedule a hearing for the final divorce decree. The exact timing and procedure can differ, so it's advisable to check local court rules or consult an attorney for specifics.
in maryland
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In Maryland, if a defendant does not file a motion after an order of default expires, the court may schedule a hearing to finalize the divorce. It's not automatically issued, and procedures can vary. Checking with local court rules or consulting an attorney for details is advised.