Does it look poorly on the defendant if a default is filed?

My husband filed for divorce. I agree on everything he included in the paperwork. We can either have me file a “consent decree” or have him file a “default”. Does is make sense to do over the other?

Asked on May 31, 2012 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my belief that you should never default on anything in a lawsuit because then you would have to vacate the default before you can ask to modify a decree. By consenting to the divorce you agree to what is there now but if the circumstances should change and the decree needs to be modified you can ask the court for relief required. I strongly suggest a consultation with an attorney at the very least before you sign anything. Good luck.


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