Self Service Center PROCEDURES FOR GETTING A DEFAULT DECREE IN WITHOUT A HEARING FAMILY COURT CASES THAT DO INVOLVE MINOR CHILDREN NOT REQUIREMENTS Sometimes a court hearing is not required to get a default decree. This procedure may be used if you meet the following requirements: Petitioner and Respondent both must be legally competent and sane. There are no minor children common to the parties or adopted by the parties during the marriage. Neither party is pregnant with the other party’s child. Neither party is making a claim for spousal maintenance/support (alimony). . . . YOU CANNOT USE THIS PROCEDURE IF the Respondent was served by publication, if the party is insane or incompetent, or if the other party has filed a response. For a list of requirements, read the and Affidavit for a Default Without a Hearing”. “Motion PROCEDURES BEFORE YOU REQUEST A DEFAULT DECREE WITHOUT A HEARING, CHECK TO BE SURE THAT YOU HAVE: Properly served the other party and filed the proof of service. (Service cannot be done by publication), AND Completed and filed the and mailed a copy to the other and Affidavit for Default,” “Application party; AND Completed and if the other party is on active notarized Member Civil Relief Act Waiver” “Service duty in the United State Military, AND Waited at least 61 days after the completion of service. COMPLETE the and make one copy. and Affidavit for Default Decree Without a Hearing” “Motion FILE YOUR MOTION: Hand the original and Affidavit for Default Decree Without a “Motion and the copy to the at the filing counter. The Clerk will keep the original, date stamp Hearing” the copy and return the copy to you.
Self Service Center PROCEDURES FOR GETTING A DEFAULT DECREE WITHOUT A HEARING IN FAMILY COURT CASES THAT DO NOT INVOLVE MINOR CHILDREN REQUIREMENTS Sometimes a court hearing is not required to get a default decree. This procedure may be used if you meet the following requirements: Petitioner and Respondent both must be legally competent and sane. There are no minor children common to the parties or adopted by the parties during the marriage. Neither party is pregnant with the other party’s child. Neither party is making a claim for spousal maintenance/support (alimony). YOU CANNOT USE THIS PROCEDURE IF . . . the Respondent was served by publication, if the party is insane or incompetent, or if the other party has filed a response. For a list of requirements, read the “Motion and Affidavit for a Default Without a Hearing”. PROCEDURES BEFORE YOU REQUEST A DEFAULT DECREE WITHOUT A HEARING, CHECK TO BE SURE THAT YOU HAVE: Properly served the other party and filed the proof of service. (Service cannot be done by publication), AND Completed and filed the “Application and Affidavit for Default,” and mailed a copy to the other party; AND Completed and notarized “Service Member Civil Relief Act Waiver” if the other party is on active duty in the United State Military, AND Waited at least 61 days after the completion of service. COMPLETE the “Motion and Affidavit for Default Decree Without a Hearing” and make one copy. FILE YOUR MOTION: Hand the original “Motion and Affidavit for Default Decree Without a Hearing” and the copy to the at the filing counter. The Clerk will keep the original, date stamp the copy and return the copy to you.
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