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FAQ - Divorce

How can I get a default decree signed by the court?

If a response to your divorce (also known as dissolution of marriage) petition is not filed, you may be able to get divorced by default. You may file paperwork to ask for a default divorce if the other person has not filed a written response after 60 days of being served the divorce paperwork. On day 61, you may complete the application and affidavit of default, then file those documents with the court. You must be sure service of the petition was complete, and that the other person did not file a written response or answer with the court.

At the time you file the petition and affidavit of default with the court, make sure you have 2 copies of the application and affidavit of default date-stamped by the clerk. You must mail or hand-deliver one copy to the other person (and their attorney, if they have one) the day that you filed the application and affidavit of default with the court. After you have given the other person a copy of the application and affidavit of default you must wait 10 business days.

If the other person still does not file a written response or answer in 10 business days, you may be able request a default hearing date. If granted the court will review your paperwork and schedule a hearing date. At the hearing you will be asked about your situation and items on the petition. The judge decides to grant or reject your divorce decree.

Resources:

Arizona divorce or legal separation flowchart

Arizona State Default Divorce with Children Forms

Arizona State Default Divorce without Children Forms

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