Request to Enter Default Template: Court Filing Motion Guide

Request to Enter Default FAQ

What is a Request to Enter Default?

A Request to Enter Default is a formal legal filing made when one party in a case — such as a divorce, custody, or support proceeding — does not file a timely response to a petition. It asks the court to declare that the non-responding party has defaulted, allowing the case to move forward without their participation.

Why is a Request to Enter Default important?

It prevents unnecessary delays and allows the petitioner to obtain a judgment when the other party fails to respond. In divorce cases, it allows the court to grant a divorce and make rulings on property, custody, and support without the respondent’s input.

When should you file a Request to Enter Default?

You should file this form after the statutory response period has expired — typically 30 days after the respondent was served with the petition — and no response or appearance has been filed with the court.

What should a Request to Enter Default include?

It should identify the parties, the type of case, the date the petition was served, and confirm that no response was filed. Supporting documents, such as proof of service and declarations, should be attached.

Does the court automatically grant the default?

Not always. The court may review the request for completeness and compliance before entering a default judgment. Additional hearings or documentation may be required in family law cases.

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Use our AI-powered builder to create a compliant and fully formatted Request to Enter Default form tailored to your court’s requirements.