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Request to Enter Default Template
File this Request to Enter Default Template when the opposing party fails to respond to your petition or complaint within the required time.
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Request to Enter Default Template
IN THE [NAME OF COURT] COURT OF [COUNTY], [STATE]
Case No.: __________________________
In the Matter of:
Petitioner: __________________________
Respondent: __________________________
1. Request to Enter Default
Petitioner respectfully requests that the Clerk of the Court enter the default of Respondent, [Respondent’s Name], in this action for [type of case, e.g., Dissolution of Marriage, Legal Separation, Custody].
Respondent was duly served with the Petition and Summons on [Date of Service] and has failed to file a response or make an appearance within the time prescribed by law.
2. Case Information
Date Petition Filed: __________________________
Date Respondent Served: __________________________
Method of Service: ☐ Personal ☐ Substituted ☐ Mail ☐ Publication
Proof of Service Filed: ☐ Yes ☐ No
Date Proof of Service Filed: __________________________
3. Default Request Basis
☐ Default without agreement (no response filed and no appearance made)
☐ Default with written agreement attached (parties reached a stipulated judgment)
4. Relief Requested
Petitioner requests that the Court proceed with a default hearing or judgment granting the relief requested in the Petition, including:
Dissolution of marriage or legal separation
Division of property and debts
Custody and visitation orders
Child and spousal support orders
Any additional relief deemed appropriate by the Court
5. Supporting Documentation
Attached hereto are the following documents in support of this request:
☐ Proof of Service of Summons and Petition
☐ Declaration of Petitioner
☐ Proposed Judgment or Decree
☐ Income and Expense Declaration (if applicable)
☐ Property Declarations or Financial Disclosure Forms
6. Declaration
I declare under penalty of perjury under the laws of the State of [State] that the foregoing is true and correct.
Executed on this _____ day of ____________, 20____, at [City], [State].
Signature: __________________________
Printed Name: __________________________
Petitioner
7. Clerk’s Entry of Default (For Court Use Only)
Default entered as requested on __________________________
Clerk’s Signature: __________________________
Deputy Clerk: __________________________
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Request to Enter Default Template
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For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
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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