Does HB2138 – Allow Default Judgment Without Motion or Hearing in Oklahoma Family Law

In 2026, the procedural landscape for Oklahoma lawsuits has shifted with the introduction of House Bill 2138. For years, if a person failed to respond to a divorce or custody petition, the other party still typically had to file a formal motion and attend a hearing to get a “Default Judgment.”

Under HB 2138, which officially went into effect on November 1, 2025, those requirements have been streamlined. If a defendant is served and fails to file a response within 20 days, a judge can now grant a default judgment without motion or hearing on the default.

1. The Core Change: Efficiency vs. Attendance

Historically, Oklahoma courts disfavored default judgments and often required a hearing to ensure “due process.” HB 2138 changes this by amending 12 O.S. § 2012.

The new law explicitly states that if a defendant fails to file a timely response with the court clerk:

• No Motion Required: The plaintiff does not need to file a separate “Motion for Default Judgment.”
• No Hearing Required: The judge can sign the final order based solely on the paperwork provided by the plaintiff.
• No Notice Necessary: Because the defendant failed to “appear” in the case, the law no longer requires the plaintiff to send them notice of a default hearing.

2. The “20-Day” Trap for Family Law Cases

In family law, this new law is a double-edged sword. If you are served with a Petition for Divorce or a Paternity Action, your deadline to respond is 20 calendar days.

• The Old Way: If you missed day 20, you might still have a few days while the other side scheduled a hearing. You could often “show up” at that hearing and ask the judge for more time.
• The New 2026 Way: If you hit day 21 without a filing, the other parent’s attorney can submit a final Decree to the judge immediately. You could lose custody, be ordered to pay child support, or lose marital property before you even realize your time is up.

3. What Does Not Count as an “Appearance”?

HB 2138 clarifies a common misconception. Many people think that calling the other parent’s lawyer or sending an email “counts” as responding to the lawsuit. It does not.

Under the new law, “contact or communication” with the plaintiff or their attorney is not an appearance or response unless:

1. It is in writing.
2. It is timely filed with the court clerk within that 20-day window.

4. The Exception: Damages and Evidentiary Hearings

While HB 2138 removes the requirement for a hearing, judges still have the discretion to hold one if the case involves “unliquidated damages”—meaning a specific dollar amount that isn’t easily calculated (like emotional distress). However, in most family law matters where the requests are clearly stated in the petition, the court can now move straight to a final judgment.

5. Can a Default Judgment be Set Aside?

If you are the victim of a “snap” default judgment under this new law, you aren’t completely without options, but the burden is high. To vacate (cancel) the judgment, you generally must prove:

• Improper Service: You were never actually served with the papers.
• Excusable Neglect: A legitimate, severe emergency prevented you from responding.
• Fraud: The other party lied to the court to get the judgment signed.

Summary Checklist for 2026

• [ ] Watch the Clock: If you are served, mark day 20 on your calendar immediately.
• [ ] Ignore Informal Promises: Even if the other party says “don’t worry about it,” the 20-day clock is still running in the eyes of the court.
• [ ] File Something: If you need more time, file a “Motion for Enlargement of Time” with the court clerk before the 20 days expire.

Family Lawyers in Oklahoma

A Default Judgment Without Motion can cause you to be blindsided. In the fast-paced legal environment of 2026, missing a single deadline can have permanent consequences for your family and your future. Under HB 2138, the luxury of a ‘second chance’ at a default hearing has vanished; if you don’t act within that 20-day window, the court can move forward without you. Whether you’ve just been served with child custody papers or you’re trying to navigate a non-responsive spouse, you need a legal team that understands these streamlined procedures. The family law attorneys at Kania Law Office in Tulsa are here to provide the aggressive, detail-oriented representation required to protect your rights in Oklahoma. Don’t leave your case to chance—call our Tulsa office at 918-743-2233 or contact us online today to schedule your free consultation. Let us help you stay ahead of the clock.”