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FAQ - Divorce

  2. FAQ
  3. Divorce
  4. How do I get a divorce by default?

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How do I get a divorce by default?

Before you (the petitioner) can file for a default divorce (dissolution of marriage), you first have to file a divorce petition with the Superior Court in your county. Once a petition is filed, a set of the divorce forms are served to the person you are divorcing (the respondent). After they have received the forms, you have to wait 60 calendar days. On day 61, you may file a form requesting a default divorce (usually either an "Application for Default" or "Notice of Default"). This form tells the court that the Dissolution of Marriage Summons and Petition were served to the Respondent and that the Respondent has not acted in time. When the form is filed, the clerk notes in the court file that the Respondent has defaulted. This is called "entering" the default. Sometimes the form to be filed combines both parts and is called an "Application for and Entry of Default." Even though the Respondent has failed to file a Response, a copy of the application of the Petitioner for a default must be served on the Respondent if the address of the Respondent is known. This may be done by mailing a copy to the Respondent (first class mail). If the Petitioner knows the Respondent is represented by an attorney, a copy must also be mailed to the attorney.

Resources:

Arizona default forms for a divorce with children

Arizona default forms for a divorce without children

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