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What is a Default Divorce in Arizona

Some people have asked what is a default divorce in Arizona. So, let’s talk about a default divorce.

In Arizona, you have either twenty (20) or thirty (30) days after being served with divorce papers to file a written response with the court.

The different time periods for you to file your response depend upon whether you were served and resided in the state of Arizona or are not a resident of Arizona.

The Response to Petition for Dissolution of Marriage must be filed with the clerk of the court. If you do not file the Response within the time permitted by the rules, the spouse who filed the petition for divorce may file an Application and Affidavit of Default to proceed with the process of obtaining a divorce without the participation of the other spouse.

The spouse filing the Application and Affidavit of Default must deliver a copy of those documents to the spouse being defaulted. The spouse being defaulted, likewise, has an additional ten days to file a Response to the Petition for Dissolution of Marriage to avoid being defaulted in the divorce.

If the spouse still fails to file a Response to the Petition for Dissolution in the default period, the other spouse may call court administration to request a default hearing. A date will be set for the spouse to appear before a default judge with a proposed form of Default Divorce Decree.

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At the hearing, the judge will ask the spouse who is defaulting the other spouse several jurisdictional questions, such as:

  • Were you a resident for more than 90 days when the divorce was filed;
  • Is the marriage irretrievably broken;
  • Would free marital counseling help save the marriage;
  • Is the wife currently pregnant;
  • Are the provision in the Default Decree pertaining to the children in the children’s best interests;
  • Are the provisions in the Default Decree pertaining to the division of property and debts fair and equitable;

The judge should then sign your Default Divorce Decree and your divorce is final.

This process is referred to as a Default Divorce. A Default Divorce takes much less time to complete. It also creates substantial risks to the defaulted party because the court may enter any orders the other party requests.

If you need more information about a default divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

Scottsdale Arizona Divorce, Family Law, and Estate Planning