ED Claim: How do I obtain Default Judgment?


#1

My STBX refused to sign a Separation and Property Settlement Agreement and we were unable to reach an agreement about our marital property. So, I filed a Verified Complaint for Divorce and Equitable Distribution as a pro se Plaintiff. (Yes, we have lived separate and apart for more than one year.) Defendant failed to file a responsive pleading within 30 days of service of the Complaint. I know that he is in default, but I want to file the appropriate paperwork with the Court to ensure that the ED is properly addressed. Everything that I have found in the way of samples and forms relate to an absolute divorce and not one that includes a claim for ED.

(1) What is the proper pleading that should be filed: a request for entry of default and default judgment or a motion for summary judgment?
(2) What language should be included in the motion to address the ED claim?
(3) While I understand that a dissolution of the marriage will be granted, how is the ED claim handled after the Defendant is found to be in default?


#2

The rule for entry of Default states that when a party against whom affirmative relief is sought has failed to plead or is otherwise subject to default the clerk shall enter default against the defendant. This is the first step in the process of procuring a judgment by default. The court can then award all the marital property to the Plaintiff, or hold a hearing to determine a judgment of default.