Legal Question in Family Law in New Mexico

Re: Default

A Motion to Default is a request by one party

asking the court to grant the relief requested

in the underlying petition when there has not been

an answer filed responding to the petition. As an

example: If your spouse filed a petition for divorce

and the papers were served on you (to you) and you

did not file an Answer, then, after the appropriate

time period, your spouse would tell the court that you

had not answered and would ask the court to grant the

divorce. That process of telling the court you had

not answered would be accomplished by filing a motion

for default. At the hearing on default your spouse

(or the attorney representing your spouse) would

tell the court that you had been properly served;

that the proper time period had passed; that no

answer had been filed and therefore the relief

requested should be granted. If all of the

factors are true (and if you are not there to

contest the truthfulness the court will assume

they are true) then the court will grant, or make

an order, awarding the relief requested in the

petition. In it's most simple form a default is

granted at court when one party refuses to participate

in the proceedings.

Re: Default

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