What is a motion to default in a divorce case?
I am going through a divorce. The attorney’s on both sides have removed themselves from the case due to lack of payment. There is one last court appearance prior to the judges final decision. It was suggested to me to file a motion to default. I do not understand what I should do.
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There’s no such thing as a motion to default. Defaulting is never something you want to do. It means you neglected to answer a law suit when served, and/or neglected to show up for a hearing so you automatically lose the case. The other side doesn’t have to prove anything in order to win b/c you didn’t do what you were supposed to do–money damages do have to be proven though, if there are any.
Perhaps you’re thinking of a motion for a default judgment. That’s when you ask the judge to acknowledge that your spouse didn’t answer and/or show up to the hearing and so the judge should let you win your case without having to prove all your allegations.
Get a new attorney and pay them or you and your spouse can represent yourselves.
I found this on the internet, not from your area:
http://www.co.thurston.wa.us/clerk/Facilitator%20Web%20Page/8-4_Motion_for_Default.pdf
This is used when the other party (your husband) cannot be found, or will not respond.
If your motion is accepted, this results in a "default judgement".
This has nothing to do with whether you have attorneys, it has to do with whether your ex is participating in the proceedings
I believe a motion for default means that the judge decides who gets what assets and you don’t have any say in the matter.