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Recent Case, Koy, Regarding Defaults

The Michigan Court of Appeals' recent opinion in Koy v. Koy regarding defaults brings to mind two questions we are frequently asked by clients and prospective clients. Those questions are "what if I don't cooperate" and "can I do this divorce on my own". The answer to both is "you will probably regret it" because of the courts power to default an unresponsive party. In Koy the court defaulted Mr. Koy because he did not appear for a settlement conference. After defaulting Mr. Koy the court entered the Judgment proposed by Mrs. Koy without any hearing. That judgment provided for non-modifiable spousal support. Any first year associate knows that a judge cannot award non-modifiable spousal support with out approval by both parties. The judge entered the award because he did not read or care about the terms of the Judgment. This is typical; Judges do not generally review Judgments to determine if they are fair. If someone wants the opportunity to have a chance of having a fair Judgment of divorce without going to the Court of Appeals they should cooperate with the court and follow the procedural rules.

Arnson VanTol Law, PLC

As soon as you know you are facing a divorce or a criminal charge, you should seek competent counsel immediately. It may only require a quick call to an experienced lawyer at Arnson VanTol Law, PLC at (616) 827-ADAM (2326). Our attorneys focus on men's rights, and can help you determine if there are steps that you should take right away to protect your interests in any family law or criminal matter.

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