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    fixitplz's Avatar
    fixitplz Posts: 1, Reputation: 1
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    #1

    May 25, 2012, 04:15 PM
    Seeking Default Judgement in a long term marriage
    I enlisted the aide of a paralegal who filed the initial petition for dissoulution of marriage on my behalf. I told her I was married for 34 years, she filed the petition and I completed a settlement agreement and financial statement. The respondant did not file a response within the 30 days so I asked for a default judgement. The request for a default judgement was rejected/declined because the para legal had me fill out a stipulation regarding my pension plan which was not signed by my spouse. There were other flaws regarding spousal support and medical insurance. I am not sure what needs to be corrected in order to get the default judgement. We do not own a house or any other real property, we each have our own vehicles, are children are adults, we have a tax debt that we are both paying equally on and all our personal property has been split since we separated 2 years ago. Can you tell me the proper procedure and paperwork for filing the request for a default judgement when you've been married this long?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 25, 2012, 05:00 PM
    Quote Originally Posted by fixitplz View Post
    ... The request for a default judgement was rejected/declined because the para legal had me fill out a stipulation regarding my pension plan which was not signed by my spouse. There were other flaws regarding spousal support and medical insurance. ...
    If the defendant does not answer, a default judgment can be denied because what you are asking for does not line up with what you asked for in your initial pleading (complaint). So you should amend your complaint to incorporate the terms regarding the pension plan, and to correct those "flaws", get the defendant served with process once more, and try again.

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