If your spouse (the defendant) has not answered and appeared in the divorce action an Inquest may be scheduled. An Inquest is a fancy way of saying one sided trial. While the defendant may be in default they still technically can appear at the inquest, but that usually does not occur. What can occur is that the defendant at the last minute asks the judge to "excuse" the default and "vacate" the inquest. That procedure could be a separate blog post, so for this post I will assume that there has been no vacating of the default.
It is important to know that not every default requires an Inquest. If there are no assets to divide (because they are already titled to the final owner), no children to award custody of, no child support or maintenance to determine the default may be handled by the clerks and signed by the judge without an in person court appearance.
When the case is put on the appearance Inquest Calendar, then a hearing will be held to typically determine equitable distribution, child support, maintenance, custody, attorney's fees and life insurance requests.
An Inquest is attended by you and your attorney. At the Inquest the judge will need to hear certain basic testimony initially which is to establish that the case was properly commenced, that the defendant is in default and that all proper default notices have been sent as previously directed by the court. Assuming that all procedures were properly followed the court will then move on to your testimony which is when you will first testify as to the grounds for divorce. Once the judge is satisfied with your testimony then the important requests take place.
For each piece of relief that you want from the judge you will testify and/or present documents to establish your claim for equitable distribution. So if bank accounts are jointly titled you will need to explain what you are requesting for the division of the account and why.
The same is true for real estate if title is in both names. If title is in your name alone you will also want to clarify with the court that the defendant is not to receive any of the equity in the property and has no further rights to the asset.
If you are seeking a determination that you retirement assets will be your sole property that must also be requested.
Whatever type of custody or parenting arrangement you are requesting must also be testified to with the reasons for that request whether sole or joint custody and with or without a parenting schedule.
You will need to prove the defendant's income to receive an award of child support and possibly spousal support.
If you are requesting attorney's fees and that the defendant maintain life insurance those requests and the reasons why they should be granted must also be presented.
Additionally if any other requests are necessary they should be made at the Inquest as well.
The type of documents and testimony needed can best be guided by your experienced matrimonial attorney.