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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2332
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I'm in the process of getting a divorce. I served my

Customer Question

I'm in the process of getting a divorce. I served my spouse 30 days ago, and 5 days ago filed a Motion for Default as he has not filed a response. The day after I filed a Motion for Default he filed the original Petition for Dissolution with the Joinder signed, but still no Response.Can I still file for Default? If so, does this count as an appearance? If not, what are my options?
Submitted: 8 months ago.
Category: Family Law
Expert:  Steven K. replied 8 months ago.

You should be able to proceed with the default. An appearance without the filing of a Response does not prevent a default, but it does require the other party to be given notice of the default hearing. The Court may require you to give notice of the default hearing.

Expert:  Steven K. replied 8 months ago.

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