In a
divorce with children, you are required to attend a hearing to obtain the
default decree.
Step 1:
Initiating the Case
All cases
start the same by initiating the action. The initial documents are prepared,
reviewed, revised and signed by the Petitioner, the person initiating the case,
and filed with the Court. The Petitioner will either pay the required filing
fee, or file an application to defer or waive the filing fee, at the time of
filing the initial documents.
Step 2:
Service
The
next step is to serve the documents filed with the Court. Service is
accomplished by one of the following methods:
Process
Server
Acceptance
of Service
Certified
Mail and an Affidavit of Service by Certified Mail
Publication
(used as a last resort when you cannot locate the other party for
service)
Step 3: Wait for the Response Time to Pass
The
other party has either 20 days to respond (if served in Arizona) or 30 days to
respond (if served outside of Arizona).
Step 4:
File an Application and Affidavit of Default
If the
other party, the Respondent, does not respond within the appropriate time
period, the next step in this process is to file an Application and Affidavit
of Default. This document is filed with the Court and a copy mailed to the
other party. The other party has 10 additional business days to file a response
and pay their filing fee, or have it deferred or waived. If they fail to do so,
an automatic entry of default will be entered against them.
Step 5:
Schedule the Default Hearing
Once
the 10 business days have passed after filing the Application and Affidavit of
Default, the default hearing may be scheduled either online or by phone.
There
is also a 60 day waiting period for divorce in Arizona pursuant to state law.
This period begins the day after service and runs concurrently with the 20/30
day response time. A default hearing can be scheduled prior to completion of
the 60 day waiting period but the court will not schedule the hearing until
after the time period has passed.
Step 6:
Prepare for the Default Hearing
The
Default Decree and other required documents are prepared and/or the proper
number of copies made. A self-addressed, stamped envelope for the other party
is prepared, unless service was accomplished by publication.
Step 7:
Attend the Default Hearing
The
final step in obtaining a default decree is to attend the hearing. At the
conclusion of the hearing, the default decree is signed by the
Default Commissioner and filed with the Court. A set of the documents
are provided to the Petitioner and a set mailed to the Respondent.
The
information provided is based on Arizona family court procedures. This
information is strictly informational and not legal advice. If legal advice is
required, please consult with an attorney. Arizona Legal Document Services,
L.L.C. has references available for family law attorneys.
You may contact us at 480-307-9306 or
602-595-7478 or visit our website arizonalegaldocs.com. We are located at the Court Center, 1837 S. Mesa Dr., C100, Mesa, Arizona 85210 and at 2916 N. 7th Avenue, Phoenix, Arizona 85013.