Frequently Asked Questions - Annulment

How can I get a default decree signed by the court?

If no response to your petition is filed, you may be able to get divorced by default. You can set a default hearing if the other person has not filed a written response. A default hearing is scheduled when you want a divorce, other judgment or order when the opposing side does not respond in writing to your petition or motion. A default hearing cannot be set for at least 61 days after the date the petition (and other documents) were served on the respondent. If you want to set a default hearing, you must complete the application and affidavit of default and file it with the clerk of the court. You must be sure service of the petition was complete, and that the other person did not file a written response or answer with the court.

At the time you file the application and affidavit of default with the clerk of the court, make sure you have 2 copies of the application and affidavit of default date-stamped by the clerk. You must mail or hand-deliver one copy to the other person the day that you filed the application and affidavit of default with the clerk of the court. After you have given the other person a copy of the application and affidavit of default you must wait 10 court days.

If the other person still does not file a written response or answer in 10 court days, you may be able request a default hearing date.


Resources:
•    Arizona divorce or legal separation flowchart
•    How to Get a Default Decree for a Non-Covenant Marriage when Minor Children are Involved
•    How to Get a Default Decree for a Non-Covenant Marriage when No Minor Children are Involved
•    In Maricopa County – Call 602-372-3332 to schedule a time to come to court and have your paperwork signed during a hearing.
•    In Maricopa County set hearing on the ezCourtForms site

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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