Superior Court >Family Court >Divorce Proceedings >Default

Default Hearing The Court may grant the requests made in the Petition without the Respondent participating, if no response has been filed. You can set a default hearing if the other party has not filed a written response. A default hearing is scheduled when you want a divorce, other judgment or order of the Court when the opposing side does not respond in writing to your petition or motion. A default hearing cannot be set for at least 61 days after the date the petition (and other documents) were served on the Respondent.

If a default hearing is set for you, you must take your final divorce papers with you to your hearing. Your final divorce paper is called a Decree of Dissolution. You will also need other documents listed below. The relief that you asked for in your Petition must be the same as in the Decree.

Bring to your default hearing:

Dissolution/Legal Separation/Annulment

  • Completed Decree of Dissolution, Legal Separation or Order of Annulment and 2 copies
If you have requested Spousal Maintenance:
  • Order of Assignment and 2 copies
  • Completed Judgment Data Sheet
If your case involves children:
  • Parent Information Program Certificate if it has not already been filed
  • Signed Parenting Plan and 2 copies
  • Completed Child Support Worksheet and 2 copies
  • Order of Assignment and 2 copies
  • Completed Judgment Data Sheet
  • Wage information/pay stubs for both parties, and other financial information such as childcare costs, medical insurance premiums etc.
  • 9 x 12 envelope addressed to the other party with 3 standard current postage stamps
  • Copy of any prior Child Support Orders/Birth certificate for children
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