In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.
Did you receive a letter? Visit the DCS letter page for more information.
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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