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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13291
Experience:  Licensed experienced Attorney
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What happens in a Colorado divorce case if after the respondent

Resolved Question:

What happens in a Colorado divorce case if after the respondent is served no response is files, the respondent does not fill out any of the papers they are supposed to (parenting plan, financial affidavit), does not show up to the status conference, verbally indicates they will not "waste the time" for the parenting class, and won't attend the final hearing?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

If the respondent does not file response within the timeline allowed to respond to the divorce petition, then the petitioner can file a motion for default and once default is granted by the court, then the petitioner will be able to set the case for final hearing and the court will grant the final divorce decree and any other relief that petitioner is seeking in her petition, based on the respondent's default.

I wish you the best of luck!
Customer: replied 1 year ago.

What is required or involved in filing a motion for default? My understanding is that the respondent has 30 days to file a response, it has been approximately 6 weeks since service was complete and the status conference was already held 10 days ago and the respondent did not appear.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Are you represented by a local attorney in this divorce proceedings?

Do I understand correctly that after proper service of the divorce petition, the respondent failed to file an response or an answer to the petition?
Customer: replied 1 year ago.

I am asking for a close friend, she is not represented by an attorney. The marriage was common law due to filing taxes together and filing an affidavit related to health insurance. They have one child from the common law marriage.


 


Service was made by a private professional process server and the respondent did not file a response (he verbally indicated that he would not file a response immediately after being served), the status conference date was included in the papers he was served and he did not show up, and even before that he told her that he would not complete the parenting class and that he would not take the time off work to go to the final hearing. He has not completed any of the required paperwork including a parenting plan or the financial affidavit.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

In that case the petitioner can file a motion for default and then obtain a default final decree of divorce and any other relief thought in the petitioner's petition for divorce.

Unfortunately, there are no standard motion forms and while the petitioner can ask the court clerk whether the clerk can provide her with any type of template or sample motion form, generally this type of court pleadings have to be drafted by the individual litigant according to their specific situation.

I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Do you have any related follow up questions for me?
Customer: replied 1 year ago.

Do you have a referral for an attorney in the Denver area that could write up the motion needed for the court in this case?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, we are not permitted to refer JustAnswer.com customer to any specific attorney or law firm, but you can find an experienced local divorce attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com


I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13291
Experience: Licensed experienced Attorney
Alex J. Esq. and 7 other Family Law Specialists are ready to help you

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