How much does a default judgment cost in a divorce case?

A default divorce judgment typically costs $1,000 to $3,000 in total, including the original filing fee ($200 to $435), service costs ($75 to $350 depending on method), and prove-up hearing preparation ($500 to $1,000 in attorney fees). This is significantly less than a contested divorce, which can cost $5,000 to $50,000 or more depending on complexity and the number of disputed issues.

How long does it take to get a default judgment in family court?

After proper service, the responding party has 30 days to file an answer in most states. If no response is filed, you can request entry of default around day 35 and schedule a prove-up hearing. The entire process from service to judgment typically takes 45 to 90 days. Service by publication adds extra time because the publication period itself runs 3 to 4 weeks before the response clock starts.

Can a default judgment be overturned after it is entered?

Yes, courts can set aside a default judgment if the non-responding party files a motion showing good cause, such as improper service, excusable neglect, or a meritorious defense. Most states allow this motion within 30 days to 6 months after judgment entry, though some jurisdictions permit challenges up to 2 years later for fraud or void judgments. If the default is set aside, the case proceeds as a contested matter.

Home
Legal
Default Judgment Cost

Default Judgment Cost Calculator

Estimate the total cost and timeline for obtaining a default judgment in your family law case. See how service method and case type affect costs, and compare to the expense of a contested proceeding.

Case Type

Filing Fees Already Paid

Service Method

Spouse Response

TOTAL DEFAULT JUDGMENT COST

$1,725

Save $6,625 vs. contested case

Filing fees (paid)$350

Service costs$75

Prove-up preparation$800

Hearing cost$500

Contested case estimate$8,350

Estimated Timeline (45 days total)

File petition & serveDay 0

Response deadline (30 days)Day 30

Request entry of defaultDay 35

Prove-up hearingDay 35

Default judgment enteredDay 45

Default vs. Contested Cost

Total estimated cost comparison

Default Judgment Cost Breakdown

Filing Fees (Paid)

Service Costs

Prove-Up Prep

Hearing Cost

Disclaimer: This calculator provides estimates only and does not constitute legal advice. Family law varies significantly by jurisdiction. Results are based on general guidelines and may not reflect your specific circumstances. Always consult a qualified family law attorney for advice specific to your situation.

What Is a Default Judgment in Family Law?

A default judgment occurs when one party files a family law case and the other party fails to respond within the required timeframe, typically 30 days after being served. The court can then grant the filing party most or all of what they requested in their petition without a contested hearing. Default judgments are most common in divorce cases where the other spouse has disengaged from the process, but they also occur in custody, child support, and protective order cases.

While a default judgment is faster and cheaper than a contested case, it is not automatic. The filing party must still attend a prove-up hearing where they present evidence that proper service was completed, the requested relief is fair and reasonable, and the court has jurisdiction. Judges scrutinize default cases involving children to ensure custody and support arrangements serve the children's best interests, even without the other parent's participation.

Service Methods and Their Costs

Proper service of process is the foundation of any default judgment. If service is defective, the entire judgment can be overturned. Personal service—handing documents directly to the other party—is the gold standard and costs $75 to $150 through a process server or sheriff. Substitute service, where documents are left with a responsible adult at the person's home or workplace, costs slightly more due to additional documentation requirements.

Service by publication is a last resort when the other party cannot be located after diligent search efforts. It requires publishing a legal notice in a newspaper for 3 to 4 consecutive weeks, costing $200 to $500 depending on the publication. Before granting permission for service by publication, courts require an affidavit detailing all attempts to locate the person, including address searches, social media checks, and inquiries with known contacts.

Frequently Asked Questions

Do I need an attorney for a default judgment?

While not legally required, an attorney is strongly recommended to ensure the prove-up hearing goes smoothly. Judges can deny default relief if the paperwork is incomplete or the requested terms are unreasonable. Attorney fees for a default prove-up are relatively modest ($500 to $1,500) compared to contested litigation.

What happens if my spouse responds at the last minute?

If a response is filed before default is entered, the case proceeds as a contested matter. If a response arrives after default entry but before judgment, the court has discretion to set aside the default. A late response typically adds $300 to $500 in additional attorney fees to address the procedural complications.

Can I get child custody through a default judgment?

Yes, but courts apply heightened scrutiny. The judge must still determine that the custody arrangement is in the child's best interest, even without the other parent's input. You will need to present evidence about the child's needs, your parenting plan, and the other parent's absence or lack of involvement.

Related Calculators

Court Filing Fee Calculator — Look up filing fees by state
Divorce Cost Estimator — Total divorce cost breakdown
Divorce Timeline Calculator — Estimate your case timeline
Pro Se Divorce Cost Calculator — Self-representation cost estimate