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Meaning of Motion to Vacate in a Divorce

by Amy Pike

Going through a divorce is physically and emotionally difficult. Gaining a better understanding of the divorce process can alleviate some of the stress and anxiety you may be experience.

One Definition

A motion to vacate is a request filed in court, by one party in the divorce, to order the other party be forced to leave the marital home. The motion is usually filed to remove the husband from the home.

A Default Divorce

If the party against whom the divorce was filed does not respond to the suit within the determined length of time, a default divorce will occur. The judge decides whether a divorce should be granted as well as other aspects of the divorce including custody of the children, the amount of child support, alimony and property division.

Considerations

The judge bases his ruling on the oral or written testimony of the party who filed the suit. Usually the other party can file a motion within the time specified for vacating the judgment. A motion to vacate a default divorce is then determined by a trial court.

About the Author

Based in Virginia, Amy Pike began her writing career in 2001 by publishing an article in the "Fort Lee Traveler." She is a Licensed Master Social Worker and a Licensed Professional Counselor. She holds Master of Arts degrees in social work from the University of Missouri-Kansas City and in mental health counseling from Webster University.

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