Imagine that, after enduring years in a strained marriage, you and your partner finally decide to separate. You believe you’re free to begin a new chapter of your life. Without taking any formal legal action, you start living independently, focusing on rebuilding your identity. Your former spouse assures you that they will handle the legal aspects of the divorce, and despite the difficulties in your relationship, you choose to trust them. Your partner hires an attorney and files for divorce. Believing the process will be straightforward, you expect it to be quick and uncomplicated.

After all, you and your spouse lived a modest life, complicated, high-stakes divorces are for the wealthy and elite, not people like you. A few weeks later, you’re served a formal complaint. But remembering your partner’s reassurances, you assume it’s just a formality and decide not to worry. What you don’t realize is that your partner and their attorney have filed a motion requesting that the court enter a default judgment due to your failure to respond. In that motion, they ask the court to award them the marital home, both vehicles, and even the ski boat you worked so hard to afford. To your shock, the court grants the request; awarding your partner everything they sought, simply because you didn’t file a response. You’re blindsided. You trusted them. You thought it would be simple. Now, you’re left with nothing. In a panic, you begin searching for help and retain an attorney. They explain that a default judgment has been entered into in the divorce case. Desperately, you ask: Is there anything I can do?

In a similar case decided on March 14, 2025, the Alabama Court of Civil Appeals reversed a default judgment divorce originally granted in Wetumpka, Elmore County, Alabama. On August 8, 2024, the Elmore County Circuit Court, erroneously awarded a default judgment in favor of Phyllis Riddle. The Court adopted her proposed divorce decree in its entirety. As a result, Michael Riddle was left without the marital home, the couple’s three vehicles, a John Deere tractor, and all assets associated with their business. In response to this ruling Michael Riddle filed a motion to set aside the default judgment. He argued that he and his wife had engaged in settlement discussions regarding the resolution of the divorce. Contenting that his failure to respond to the summons was a result of misunderstanding, not willful neglect.

Additionally, he asserted that Phyllis Riddle failed to present sufficient evidence to support the court’s entry of a default judgment in her favor. However, The Elmore County Circuit Court disregarded these arguments. The Court held “the default judgment was a result of the [husband's] own culpable conduct as he was served with the [divorce complaint] and had full knowledge and input concerning this matter with no excuse as to his failure to follow proper legal procedure which was available to him through the paperwork [that] was served upon him. “Riddle v. Riddle, No. CL-2024-0856, 2025 WL 808084, at *3 (Ala. Civ. App. Mar. 14, 2025).

The Alabama Court of Civil Appeals found that the Elmore County Circuit Court’s decision was erroneous. The Court emphasized that a default judgment of divorce is improper without sufficient evidence to establish valid grounds for divorce. In this case, Phyllis Riddle failed to present any evidence supporting her claimed grounds. As a result, the appellate court concluded that the trial court lacked the authority to enter a default judgment of divorce and accordingly granted Michael Riddle relief from the judgment. However, in this case, Michael Riddle was arguably fortunate. Had Phyllis Riddle included supporting evidence for her claimed grounds of divorce “irreconcilable differences" in her initial filing, it is likely the court would not have granted Michael relief from the judgment.

Without that relief, the Elmore County Circuit Court’s decision would have remained binding, permanently depriving him of the marital home, vehicles, business assets, and more. This case underscores a critical lesson: to avoid the consequences of a default judgment, it is essential to respond to any summons promptly and to seek legal representation. A default judgment divorce can result in severe and irreversible outcomes. Do not rely on luck, as Michael Riddle did. Protect yourself by immediately consulting an attorney if you are served in any legal matter, especially a divorce.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205-335-2640. Get Relief *Get Results.