Motion for default

[Tristar13]

What is the name of your state? Tn

I had my ex served with a motion to modify are plan and he did not respond in 30 days... currently I am filling a motion for default?

But what exactly does that mean? Does he basically get an extension of the 30 days if he responds to this..like we just go to mediation and then to trial?

 

[adjusterjack]

If the judge grants you the default it means that you got the modification that you wanted though, depending on what it is, enforcement could be problematic.

Unfortunately, for you (edited), judges prefer hearing cases based on their merits, especially in family court so if your ex comes back later to re-open things you could very well end up in mediation or trial. No way to predict.

 

[Taxing Matters]

Unfortunately, judges prefer hearing cases based on their merits....

No, it is fortunate that courts prefer hearing cases on their merits rather than simply granting defaults and closing the door, at least when there is any issue as to whether the defendant got actual notice of the action in time to file a timely answer. It is much more fair to resolve disputes after giving both sides their say rather than just taking the word of one side.

 

[Tristar13]

He was served by an offical process server in person...

What do you mean on merits?

 

[Ohiogal]

He was served by an offical process server in person...

What do you mean on merits?

Based upon the actual facts and evidence rather than based upon the other side not responding.

 

[LdiJ]

He was served by an offical process server in person...

What do you mean on merits?

That means that the judge would rather make a decision based on having heard both party's side of the story rather than giving one party what they want by default.

 

[Maymee]

What is the name of your state? Tn

I had my ex served with a motion to modify are plan and he did not respond in 30 days... currently I am filling a motion for default?

But what exactly does that mean? Does he basically get an extension of the 30 days if he responds to this..like we just go to mediation and then to trial?

It means you get everything you asked for in the prayer of your Complaint for Divorce. No trial, no mediation. However, don't be surprised if he shows up to Court the day the default motion is heard; it's a common occurrence. Should that happen, the judge typically grants a continuance of approximately 30 days.

 

[Zigner]

It means you get everything you asked for in the prayer of your Complaint for Divorce. No trial, no mediation. However, don't be surprised if he shows up to Court the day the default motion is heard; it's a common occurrence. Should that happen, the judge typically grants a continuance of approximately 30 days.

I don't supposed that you took a moment to actually read the post you responded to, did you? Also, on what do you base your contention that the usual way of doing things in the court that the matter is being heard in will typically grant a continuance of any particular length of time?

 

[adjusterjack]

No, it is fortunate that courts prefer hearing cases on their merits

I meant unfortunate for the OP who wants the default and may then have to justify her position in court.

(I fixed it.)