Before you apply for a divorce by default, you need to make sure that you do not file too early.
Ask yourself:
1) How did you serve papers to your spouse?
2)What state do they live in?
3) Looking at the charts below, how many days do they have to file a response to your petition?
4) Is it the day AFTER their amount of given days?
*You start counting the number of days the day after your spouse was served. (ie. You serve on Monday, so you start counting on Tuesday.)**If the last day for them to file falls on a weekend or on a legal holiday, they get until the next day the courts are open to file.
My Spouse Lives in Arizona
20 Days
If your spouse signs an "Acceptance of Service" they have 20 days to respond. If they do not respond, you may apply for a default divorce on the 21st day.
If your spouse signs an "Acceptance of Service" they have 20 days to respond. If they do not respond, you may apply for a default divorce on the 21st day.
20 Days
If you have proof that your spouse signed a document, saying that they received the petition through certified mail and they did not file a response after 20 days, you may apply for a default divorce on the 21st day.
If you have proof that your spouse signed a document, saying that they received the petition through certified mail and they did not file a response after 20 days, you may apply for a default divorce on the 21st day.
20 Days
If you hired a process server to deliver the documents, they should have given you a proof of service paper. Your spouse has 20 days to respond. If they do not respond, you may apply for a default divorce on the 21st day.
If you hired a process server to deliver the documents, they should have given you a proof of service paper. Your spouse has 20 days to respond. If they do not respond, you may apply for a default divorce on the 21st day.
20 Days
If you hired a sheriff to deliver the documents, they should have given you a proof of service paper. Your spouse has 20 days to respond. If they do not respond, you may apply for a default divorce on the 21st day.
If you hired a sheriff to deliver the documents, they should have given you a proof of service paper. Your spouse has 20 days to respond. If they do not respond, you may apply for a default divorce on the 21st day.
50 Days
If you exhausted all the other options and paid to put an advertisement in an approved newspaper, the newspaper will give you a reciept of the notice. Your spouse has 50 days to respond. If they do not respond, you may apply for a default divorce on the 51st day.
If you exhausted all the other options and paid to put an advertisement in an approved newspaper, the newspaper will give you a reciept of the notice. Your spouse has 50 days to respond. If they do not respond, you may apply for a default divorce on the 51st day.
Example: They live in Arizona and you served them by delivery using certified mail on June 1st. They have 20 days to file a response; The first day you count is June 2nd. 20 days later is June 22nd, but it falls on a Saturday and the courts are closed. Because it is the weekend, your spouse has until Monday to file and if they do not by then, you can file for default on Tuesday - June 25th.
My Spouse Lives in Another State
30 Days
If your spouse signs an "Acceptance of Service" they have 30 days to respond. If they do not respond, you may apply for a default divorce on the 31st day.
If your spouse signs an "Acceptance of Service" they have 30 days to respond. If they do not respond, you may apply for a default divorce on the 31st day.
30 Days
If the documents were delivered to your spouse, you need to have something signed, confirming that they got the papers. If they do not respond, you may apply for a default divorce on the 31st day.
If the documents were delivered to your spouse, you need to have something signed, confirming that they got the papers. If they do not respond, you may apply for a default divorce on the 31st day.
30 Days
If you hired a process server to deliver the documents, they should have given you a proof of service paper. Your spouse has 30 days to respond. If they do not respond, you may apply for a default divorce on the 31st day.
If you hired a process server to deliver the documents, they should have given you a proof of service paper. Your spouse has 30 days to respond. If they do not respond, you may apply for a default divorce on the 31st day.
30 Days
If you hired a sheriff deliver the documents, they should have given you a proof of service paper. Your spouse has 30 days to respond. If they do not respond, you may apply for a default divorce on the 31st day.
If you hired a sheriff deliver the documents, they should have given you a proof of service paper. Your spouse has 30 days to respond. If they do not respond, you may apply for a default divorce on the 31st day.
60 Days
If you exhausted all the other options and paid to put an advertisement in an approved newspaper, the newspaper will give you a reciept of the notice. Your spouse has 60 days to respond. If they do not respond, you may apply for a default divorce on the 61st day.
If you exhausted all the other options and paid to put an advertisement in an approved newspaper, the newspaper will give you a reciept of the notice. Your spouse has 60 days to respond. If they do not respond, you may apply for a default divorce on the 61st day.