Once you have served your spouse with paperwork and waited the correct amount of days, you can begin the process of default.
Step 1: Fill Out a the Application and Affidavit for Default
- Only do this if your spouse did NOT file an Answer/Response with the court AND it has been over the specific amount of days since you had them served.
Step 2: Sign and Copy the Application and Affidavit for Default
- Do NOT sign and date the Application until the correct number of days has passed since you had them served
- Make 2 copies of the signed and dated form
Step 3: Bring all 3 (the original and 2 copies) of the Application and Affidavit for Default to the Superior Court for filing
- The Clerk at the counter will keep the original and date-stamp both sets of copies for you. Make sure BOTH copies are date-stamped.
Step 4: Mail a date-stamped Application and Affidavit for Default to your spouse
- You CANNOT hand deliver this to to them, it must be mailed.
- The other copy is yours for your records.
Step 5: Count 10 Courthouse business days, starting the day AFTER you filed
- Business days are Monday to Friday
- State holidays are not counted
Step 6: If you are filing in Maricopa County - Complete the Default Screening Checklist
- You will need to bring this with you to your hearing
Step 7: Call the courthouse you filed in and schedule a default hearing
Step 8: Prepare the paperwork you are required to bring to your court hearing
- Completed Decree of Dissolution and 2 copies
- 9x12 envelope addressed to your spouse with 4 standard (current) postage stamps
- If your case involves children you will need to also bring
- Parent Information Certificate (if it has not already been filed)
- Completed Parenting Plan and 2 copies
- Copy of any prior Court Order for Child Support or Paternity
- Completed Child Support worksheet and 2 copies
- Pay stubs/wage information and other financial information such as childcare costs, insurance costs, etc... for both parents
- If you are requesting alimony (spousal maintenance) you will need pay stubs/wage information and other financial information such as childcare costs, insurance costs, etc... for both parents
- If you or your spouse are an active military member you will need a completed and notarized Service Members Civil Relief Act Waiver
Step 9: Arrive at the courthouse, at least, 15 minutes before your scheduled hearing time
- You should be appropriately dressed
- Do not bring children to your hearing without previous approval by the court
- Expect to be at the Courthouse for at least 4 hours
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