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.

Introduction

Shaw Law Group, PLC is a West Michigan Law Firm dedicated to fighting for men in divorce, custody and support cases. Part of our mission is to educate our clients on the issues they are facing so that they make reasoned decisions. Our mission is experienced most by our clients on a day to day basis but is also evident in our content rich web site, shawlg.com which has a wealth of information about divorce and custody basics. To further our mission we are starting this blog to comment on topics that are in the news, recent case law or that are of general interest to men with divorce, custody or support issues. We hope that you find it helpful. If you would like us to address something in particular, please don’t hesitate to ask.
Legal Note: The information in this blog is meant as general information and should not be relied on without further consultation with Shaw Law Group,PLC or another qualified attorney.