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Default Process for Divorce

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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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