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Re-Open a Default Divorce
Generally, when one spouse seeks a divorce and the other spouse cannot be found, or refuses to appear in court, a “default divorce” can be obtained. In such a case, the trial for divorce is one-sided, and since there is nobody to contest the divorce, it is usually granted as a matter of course.
This may seem unfair to a spouse who, for one reason or another, was unable to appear at the divorce trial, who now wants to contest it. Because of this, most states have a procedure through which a spouse who has been divorced by default can contest the divorce, in certain limited cases.
Generally, the spouse who wants to contest the default divorce has a certain amount of time to do so – in most states it is around one year. The spouse must also show good cause for not appearing at trial in the first place. States vary as to what constitutes “good cause” but generally, being physically unable to appear (for medical or other reasons) would suffice. In some states, fleeing a marriage to escape domestic abuse constitutes good cause to re-open a default divorce, as well.
Serving in the military overseas, or in extended training, would also constitute good cause.
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