Legal Question in Family Law in Louisiana
I want to be set clear about a general issue. I want to know what happens if a motion is filed but the opposing party ignores all proceedings. Does the other party automatically win through default, or does the Judge still consider the motion and whether there is reason to grant the motion? Could the Judge actually punish the filing party by taking away some of the acquisitions (such as decreasing the amount of spousal support) even if there was no motion or action from the opposing party?
2 Answers from Attorneys
As long as the motion has merit, teh court would not punish the filing party. The court can hear whatever testimony they deem appropriate even if the other party fails to appear. It will depend on what has already gone on in the case.
All motions are different.......more facts are needed to give you a proper answer.
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