What happens when you file a motion for default for divorce?

LoveyFNR

STBXH has until Friday to respond to my divorce decree. He called my lawyer 2 weeks ago and said he wanted a few things changed. We did change a few minor things but did not meet all of his requests so I'm not sure if he will sign them or not.

If he doesn't respond by Friday I have the option to file for a motion for default which I will absolutely do. I was told a court date would then be set up that STBXH would not be informed of (date or time). Considering he is incarcerated would he automatically appear via ITV (TV screen) or would he not even have the option at all? I am assuming the jail would probably inform him of impending court dates even if they are not pertaining to his criminal case.

What happens when I file the motion for default? Does the judge then decide what is best for our child in regards to custody and visitation? Since I have an OFP there will not be an option for mediation.

achase123

I got a divorce by bifurcation which basically was because XH dragged his feet and wouldn't agree to anything.  But custody and visitation were decided later.  He didn't show up to that court date so they gave me whatever I wanted.

nire99

My Ex was incarcerated during our divorce hearings. He was not given the option to appear ITV, but could have his lawyer represent him if he chose.

The judge insisted on giving him enough time to respond via mail or an attorney. He was given a fourteen day response period after the first hearing, another fourteen days after the second hearing, and another fourteen days after the final hearing.

It still wasn't enough time for him to contest anything and the judge granted all of my requests in regards to visitation, child support and protection order.