A legal proceeding occurs when one party in a dissolution of marriage case fails to respond to a petition or appear in court as required. This situation allows the requesting party to seek a judgment based solely on their submitted evidence and pleadings. For instance, if an individual is served with divorce papers and does not file an answer or appear in court, the petitioner can request the court schedule a hearing to finalize the divorce.
This process is crucial for efficiently resolving cases where one party is uncooperative or unreachable. It prevents legal proceedings from being indefinitely stalled. Historically, it provided a mechanism for individuals to obtain legal redress even when their spouse abandoned the marriage or refused to participate in the legal process. The benefits include expediting divorce finalization and minimizing legal costs, since extensive litigation is avoided.