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JaxLawyer
JaxLawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 259
Experience:  I have been practicing family law for eight years in several states.
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Can I file a motion for a default judgment in a domestic case

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Can I file a motion for a default judgment in a domestic case in Superior Court in GA? 45 days have passed and the defendant has not filed a response.

Let me know if you need more information.

What is the domestic case? Divorce, child custody, child support?

 

Did you ask for alimony or child support?

Customer: replied 6 years ago.
No, GA has jurisdiction for child custody, NV has jurisdiction for support. Divorce was in 1997. Recent motion to GA court was for 2 things: adjusting visitation to meet request of14 yr-old minor, and to have court incorporate the NV marital settlement agreement of the parties with respect to payment of transportation costs.

Yes, you can make a motion for a default judgment in your favor. Just be prepared to give the court proof or assurances that the other party was provided a copy of the Georgia motion.

Customer: replied 6 years ago.
Thank you. No problem with proof since we had service performed. I was concerned since some jurisdictions do not seem to accept defaults with respect to family matters and I noted that default judgment was conspicuously absent from the GA court domestic case disposition form.

It is difficult to enter a default in domestic cases because they often involve child support or alimony, which cannot be decided by default because it requires financial disclosures by both parties and if one party hasn't responded then they obviously haven't provided financial disclosures. But if the action does not involve a monetary judgment, a default shouldn't be a problem.

 

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