Clementi v. Clementi

L.R. JONES, J.S.C.

This case addresses how defendant’s non-appearance at a default divorce proceeding impacts plaintiffs burden of proof regarding equitable distribution. For the reasons set forth in this opinion, the court holds the following:

1) When a defaulting defendant fails to participate in a divorce proceeding, the plaintiff is not automatically entitled to a default judgment granting all requests regarding equitable distribution. Rather, plaintiff still has an ongoing obligation to persuade the court, by a preponderance of the evidence, that the proposal for equitable distribution is…