The spouse filing for divorce, the Plaintiff, may ask the court for a default judgment if the Defendant has failed to appear in court, answer the divorce complaint or take any other action related to the divorce proceeding required by law in the time allowed. The time requirement to respond is typically 21 days from date of service or 28 days if the divorce papers were served to the Defendant by mail. (Note: The Plaintiff cannot ask for a default judgment if the Defendant is an active member of the United States military.)