Q: Can a judge issue a default in divorce without me submitting a motion to default form?
Wife served me with nearly blank divorce papers and never responded to my counter petition or amended counter petition. Other than initially being served by the sheriff, she has failed to e-serve me properly with any other documentation nor has she amended any of her blank documents, other than the financial affidavit when the judge ordered her to during temporary relief for timeshare hearing.
The council I'm seeking is regarding whether I should file the motion for default form, or will the judge rule this a default without my request? I'm concerned that my motion could for some reason be denied and we would have to start over and she will have another chance to file properly.
Could the judge decide on her own accord to default, or must I take the risk and file the motion for default to take place?
A: Motions for default are usually a waste of time. However, based on the procedural facts you presented, you can draft and file a motion to compel an answer to your counter-petition, and to compel production of documents requested, which your spouse must respond to or be sanctioned for not responding; and the sanctions can include granting the relief requested in your counter-petition.
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