Doing Nothing Is Still a Decision
One of the most misunderstood parts of divorce court is what happens when someone simply does nothing.
People assume that if they ignore paperwork, miss a hearing, or just wait it out, things will stay neutral. They think the court will pause, someone will call them, or the case will sit there until they are ready.
That is not how it works.
What actually happens is something called a default judgment.
A default judgment is what occurs when one side shows up and the other side does not.
Think of it like forfeiting a game.
You were told the time.
You were told the place.
You were given the rules.
When you did not show up, the other team did. And because you were not there to defend yourself, they scored as many points as they wanted and won by default.
The referee does not stop the game.
They blow the whistle and record the score.
Court works the same way.
When you do not appear, or do not respond, the other side moves forward without you. They present their version of events, their proposed parenting plan, their support numbers, their property division.
And the court can adopt it.
Not because it is fair.
But because it is uncontested.
There Is No Safety Net
People are shocked when they learn this. They assumed someone would protect them from themselves.
In Tennessee, once you are served with divorce papers, you generally have thirty days to file a response. That clock does not care how overwhelmed you are. It does not care that you did not understand what the papers meant. It does not care that you thought things might work out.
It runs anyway.
If you miss it, the other side can file for a default. The judge can enter orders on custody, support, and property without ever hearing your side.
Not as a punishment.
Just because you were not there.
What You Can Do If You’ve Already Missed a Deadline
It is not always too late. Tennessee courts have some discretion to set aside a default judgment if you act quickly and have a good reason. But “I was busy” and “I didn’t understand” are not reliable defenses. The longer you wait, the harder it gets.
If you missed a deadline, the answer is not to keep waiting. The answer is to call a lawyer today.
Lawyer Bill’s Advice
If you were served, the clock is already running.
Show up.
Respond.
Protect yourself.
Because forfeiting your case is still a decision.
And it is one you rarely get to undo.
If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.
About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.
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