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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a family law question in the State of Indiana, I

Customer Question

I have a family law question in the State of Indiana
JA: Has anything been filed or reported?
Customer: I filed a divorce in the State of Indiana, no children, no assets. It has almost been 60 days and my husband has not filed an appearance. I know him well and he probably will not do anything. My question is, do I need to file anything else after the 60 days? I used the self help forms from the in.gov website.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband and I do not talk. I was told by the clerk that he needed to sign the waiver of final hearing and he Divorce decree but we do not talk, so what should I file? Should I still request a final hearing even if he doesn't file an appearance after 60 days? Im a little confuse. Thanks
Submitted: 2 months ago.
Category: Family Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Yes. Someone in your situation wants to file a MOTION FOR DEFAULT JUDGMENT, and then set it for a hearing. This would then ask the Court to consider him DEFAULTED, and then you can request whatever you want from the Judge.

By not filing anything within the time allotted, he basically lost. It is the equivalent of a team not showing up to play for a game, and the team that did show won by default.

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Customer: replied 2 months ago.
If I understand well. If he doesn't file an appearance after the 60 days I file a motion for default judgment and a request for a final hearing?
Expert:  Ely replied 2 months ago.

Correct. Or more like you file a motion for default and then simply request a hearing, and have a default judgment ready for the judge to sign on that hearing date.

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