Family Law Questions? Ask a Family Lawyer Online.
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.
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.
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?
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).