I live in Indiana and received a default divorce. I feel
Very guilty because spouse told me he would be there late.
Waited 30 minutes and proceeded letting the divorce
Be defaulted. Is there any thing I can do on my part to get default removed and give him his chance in court
It had been pending for year and I was ready to get it over and took advantage of situation. I gave him everything but he says he can't live with default over his head.

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Originally Posted by Mommahenn

I live in Indiana and received a default divorce. I feel
Very guilty because spouse told me he would be there late.
Waited 30 minutes and proceeded letting the divorce
Be defaulted. Is there any thing I can do on my part to get default removed and give him his chance in court
It had been pending for year and I was ready to get it over and took advantage of situation. I gave him everything but he says he can't live with default over his head.

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What exactly is he contesting about the divorce? Why was he half an hour late? If he knew he was going to be late, he should have filed for adjournment - not relied on you to be his messenger.

I'm confused as to why he "can't live with default over his head" - does he think there is some type of punishment for a default divorce? It just means he didn't show up for court and you were awarded whatever you asked for. I fail to see why he views this as a burden. Am I missing something?

By me, if you were only waiting a year then that means you had a pretty quick divorce. I don't see why he would stall the process unless he was hoping that if he avoided it, the two of you were going to reconcile and forget about it altogether..

If you feel guilty, then just give him what he wanted in property or money in the divorce if that is the issue.

But telling you that he will be late means nothing, he needed to have someone give the court official notice, or appear for him to ask for more time or to be continued.

But on somehting this important, he should have made sure to be there early if not on time.

So what is it, he wanted or was contesting that youu won

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Originally Posted by Mommahenn

... Is there any thing I can do on my part to get default removed and give him his chance in court [?]

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Certainly. Both of you sign a stipulation to set aside the default. Include an order for the judge to sign.

Easy-peasy.

But don't be surprised if the court schedules a new trial date another year down the road.

Does signing a stipulation to remove default cancel the divorce and start all over?

Does signing stipulation cancel the divorce and cause it to start all over again?what it the time to do this and what steps to do this?

No - it "cancels" the Court's decision and reschedules the matter.

The divorce papers stand.