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CO Entry of Default.Do you need to serve to other side&give afavd of service?What is time for them to respond?Then ask judgment?

Lakewood, CO |

In a Divorce no answer from Him on 4 motions and requests for orders.Judge not makin decisions for months.Can I put in entry for default on unanswered motions?Merits of case would dismiss since have another state divorce served to him before his case but Judge isn't deciding.I was told to entry for default first then go back after time period and ask for judment, is that right & how much time do I wait,10 days?Then how longbefore judment granted?I know to ask for what was in Motions but does that mean it is granted at what is requested in motion & again askin in judment?I live out of state and want to make sure I do not need to go to a hearing,is there one or is the judgment approved since same as what is requested in Motion?I cannot afford aattn so doin myself & would like useable answer

Attorney Answers 3


  1. Its hard to give an answer unless the facts of what were asked for in the motions are known. So to cut to the chase, if you can not afford an attorney, consult with a law school to see if they have a third year student doing an internship with a family law attorney that is supervising them, call a legal aid society, see if church, synagogue, or other place of worship that you can possibly get advice from one of their members, or get as many small loans from as many friends, family, and/or co-workers as possible. There are ways to get an attorney other than just going to the office and writing a check.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


  2. Your questions are very in depth and difficult to answer without being able to review your file. Generally, if you are not represented by an attorney, you will have to go to a Permanent Orders hearing. If the other party doesn't show up then the Court may enter orders by default. You could simply ask the Court to set a Permanent Orders hearing if you have completed all of the things that you are required to do. Parties that want to appear by phone have to file a Motion with the Court. The form is online. It sounds like you may have jurisdictional issues. Those are very complicated issues that really do require an attorney to review the facts of your case to advise you which state has jurisdiction. If you can't afford an attorney, you can contact Metro Volunteer Lawyers or a law school who, if you are indigent, may represent you pro bono.


  3. It is difficult to give a useable answer without knowing what was filed or what motions are at issue. However, a request for entry of default is probably not appropriate if what you are looking for is the dismissal of the case. It isn't easy to force a judge to rule, but you might consider fiing a request for ruling noting that there has been no response filed and the motion can be considered confessed.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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