Default Divorce Process

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. Do NOT sign and date the Application until the correct number of days has passed since you had them served.

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.

Count 10 courthouse business days, starting the day AFTER you filed. Business days are Monday to Friday (State holidays are not counted.)

You will need to bring this with you to your 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

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.