Default Scheduling Request Instructions
If your divorce does not require a contested hearing, you must submit a Default Scheduling Request with your Petition for Dissolution of Marriage and proposed Findings of Fact, Conclusions of Law, and Order for Judgment and Judgment forms. If you do not need a hearing, your divorce is considered a Default without a hearing. The judge will review the paperwork you submitted and may sign your Findings without requiring you to appear at a hearing. If you meet the criteria outlined in the first part of #3a below, you qualify to proceed by default without a hearing. If you meet the criteria outlined in the second part of #3b below, you qualify to proceed to a default hearing with a required court appearance. You will receive a hearing notice from the Court Administrator's office noting the date, time, and place of your default hearing along with notification of which judge has been assigned to your case. To fill out the form: 1. Complete the heading of the form with the county and judicial district. Fill in the petitioner and respondent's names on the appropriate blanks. 2. 3a. Check approval with no hearing if any of the following applies: If you have minor children, and both you and the other party are represented by an attorney There are no minor children involved and both you and the other party has signed a stipulation There are no minor children involved and at least 50 days since you served the Summons and Petition on the respondent, and the Respondent has not filed a response. If the Summons and Petition was served by publication, you must wait 71 days after the first date of publication. 3b. Check Default hearing required or requested if: There are minor children involved and either you or the other party is not represented by an attorney 4. Complete the bottom of the form with your name, address and telephone number.
Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.
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