What is a Motion and Affidavit for Default Without Hearing Document?

This document requests the Court to enter your Decree of Dissolution by Default when the responding party has failed to file a Response to your Petition for Dissolution of Marriage.  Sign up today to get your free Access Legal Account and learn more about how this process works.  

How Does It Work?

With your Motion and Affidavit for Default Without Hearing asking the Judge to enter your Decree of Dissolution without a hearing, you also must provide a proposed Decree of Dissolution of Marriage for the Judge to sign, which will get you divorced.  This Decree will outline what you want the final orders to be as to issues such as division of community property, division of community debts, and sole and separate property and debts. Since the other party failed to respond to your Petition and as a result it was uncontested, by requesting that your Decree be entered without a hearing you are essentially asking the Court to enter orders based on what you requested in your Petition for Dissolution.  The court must find that the requests are fair to both parties.

In order to be eligible to file a Motion and Affidavit for Default Without Hearing, the following facts must ALL be true:

  1. There are no minor children involved
  2. Neither party wants spousal maintenance/support
  3. At least sixty (60) days have passed since the other party was served with the Petition for Dissolution, AND he/she has never filed a Response.
  4. You have filed an Affidavit and Application for Default more than ten (10) business days ago, without a Response from the other party.

Help with the Paperwork

Several documents are needed to achieve a Default Decree Without Hearing. Filling out and filing these documents without error is crucial to your case. If you are representing yourself, Access Legal can help you create professional quality documents at a much lower cost than hiring a lawyer. Create your account for free today and browse the documents.

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