734-359-7018
Now Accepting New Clients!
Blog

Trial court enters divorce default judgment.

Plaintiff filed divorce action after a nearly 20-year marriage. Although defendant apparently participated in various pretrial conferences and discussed the terms of the divorce judgment, he did not answer the complaint, a default was entered, and a default judgment was requested. After multiple adjournments, a hearing to enter the default judgment was held. The trial judge entered the judgment presented by plaintiff's counsel. Defendant then later appealed.

Defendant argued that the trial court improperly entered the default judgment without affording him the opportunity to be heard. Defendant also argued that entry of the judgment was improper because plaintiff failed to comply with MCR 3.210(B)(4)(a), which requires, among other things, that the plaintiff must, 14 days before the hearing, serve on the defendant a copy of the proposed default judgment. Although defendant acknowledged that a copy of a proposed judgment was served on him at least 14 days before the hearing, he claimed that the proposed judgment presented to the trial court differed from the proposed judgment that had been served on him.

The record did not support defendant's contention that he was not allowed to participate in the hearing. Defendant attended the default judgement hearing. Plaintiff was called as a witness and, after the direct examination by plaintiff's attorney was finished, the trial judge asked defendant "do you have any questions for your wife?" Defendant responded that he did not. Defendant was then sworn and asked questions by the trial court. Defendant stated his objections to the judgment. There is no indication from the record that the trial court prevented defendant from making any argument that he wished or from presenting evidence. Defendant also did not raise any objections at the hearing, nor move to set aside the default judgment.

Court affirmed trial court decision.  Defendant had the right to fully participate in the hearing and he was not precluded from doing so. 

If you are served with divorce papers, contact an experienced divorce attorney right away. It is important that you find an attorney who has the skills and experience you need to address all issues that may arise during your divorce, including property division, child custody and parenting time, child and spousal support.

REAL ESTATE 65: Determining that it could not conclude the trial court erred in its factual findings, and that it did not err in reforming a 2005 deed, the court affirmed the ruling that defendants were fee simple owners of the disputed 50-foot area

This case arose from a real-property dispute between brothers, as well as their respective wives. After a bench trial, the trial court rendered its findings of fact. The trial court determined that plaintiffs did not prove that excluding the...

FAMILY LAW 58: The trial court did not err by denying defendant-father’s motion to change custody and modify his parenting time of the parties’ child without having an evidentiary hearing to determine if there was proper cause or a change in circums

This case arose from a custody and parenting-time dispute between plaintiff-mother and father over their minor child. After father failed to respond to the paternity complaint within the 21 days of receipt of the complaint, mother filed an affidavit...

DIVORCE 53: Although the court affirmed the trial court’s decisions to deny defendant’s motions to set aside the default and the default JOD, it vacated the portions of the default JOD as to the distribution of marital property, custody, parenting t

Plaintiff filed for divorce. Defendant filed an answer and a counterclaim for divorce.  Plaintiff and defendant were both ordered to appear at the settlement conference. After defendant failed to appear, the trial court entered a default. Soon...

FAMILY LAW 53: The trial court erred by treating the parties’ GAL as an LGAL and denying the parties the right to question her at a hearing; however, the trial court did not err in requiring the parties to compensate the GAL for her services.

Plaintiff and Defendant were never married, but share a young son who was born in 2016. The parties have battled over custody, child support, and other parenting issues ever since. In the spring of 2019, the parties filed competing motions to modify...

The Difference Between Theft, Robbery, and Burglary

Original Post: 1/11/2019 Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of...

REAL ESTATE 59: Concluding that the one-year period contained in the parties’ home purchase agreement was not a statute of limitations, but rather akin to a statute of repose, and that it was plain and unambiguous, the court held that it barred plai

BACKGROUND On March 12, 2016, the parties entered into an agreement for the purchase of defendants’ home. The purchase agreement contained the following clause: TIME FOR LEGAL ACTION: Buyer and Seller agree that any legal action against...

CRIMINAL LAW 16: The trial court did not err in refusing to order a Daubert hearing as to the reliability of the DataMaster breathalyzer device as MCL 257.625a(6)(a) shows the Legislature has determined that the device’s results are valid and reliabl

UNDERLYING FACTS In the early afternoon of November 4, 2016, defendant was pulled over after an officer was dispatched for a possible drunk driver. The officer had defendant exit his vehicle and perform several field sobriety tests. Those tests...

FAMILY LAW 52: Defendant-mother was not entitled to relief on her claim the trial court did not comply with the requirements for a de novo hear, the trial court did not err in using the preponderance of the evidence standard, and its best interest f

PERTINENT FACTS In July 2017, plaintiff and defendant divorced by consent judgment. Under the judgment of divorce, the parties shared joint legal and physical custody of their three minor children. On September 24, 2018, plaintiff filed a motion...

Are you required to provide ID as a passenger?

Original Post: 05/14/2017 The preceding is for informational purposes only. Being stopped by the police is not usually a pleasant experience. Even with the most benign of infractions, the encounter can be adversarial. The idea of...

DIVORCE 45: Federal law preempts state law such that the parties’ consent judgment is unenforceable to the extent that it required defendant to reimburse plaintiff for the reduction in the amount payable to her due to his election to receive CRSC

BACKGROUND This case involves a dispute between former spouses who entered into a consent judgment of divorce (the consent judgment), which provided that defendant would pay plaintiff 50% of his military retirement benefits. Beyond that, the...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405