Legal Question in Family Law in New York

My spouse failed to serve or file opposition papers and the return date for my motion has now passed.

My questions are: should I wait for the judge to grant a default on her own or should I file an order to show cause or some other form of request asking for a default? What is the most common practice in situations like these, to request the default yourself asap or to simply wait around for the judge to get to the motion and grant it themselves?

My only concern is that if the motion is going to be on default I want it to be resolved quickly, rather than waiting around for months for the judge to finally take a look at it and realize my spouse is in default.


Asked on 7/28/11, 10:49 am

1 Answer from Attorneys
Thomas Sirianni The Law Office of Thomas A. Sirianni

call my office tomorrow afternoon as I am in court in the morning.

Tommy

516-134-1343

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Answered on 8/01/11, 9:09 pm


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