FAQ - Divorce

How do I get a divorce by default?

The Petitioner first must file an application form with the court and mail a copy of it to the Respondent. The application form may be called different things in different counties (usually either an "Application for Default" or "Notice of Default"). This form tells the court that the Summons and Petition were served on the Respondent and that the Respondent has not acted in time. When the form is filed, the clerk notes in the court file that the Respondent has defaulted. This is called "entering" the default. Sometimes the form to be filed combines both parts and is called an "Application for and Entry of Default." Even though the Respondent has failed to file a Response, a copy of the application of the Petitioner for a default must be served on the Respondent if the address of the Respondent is known. This may be done by mailing a copy to the Respondent (first class mail). If the Petitioner knows the Respondent is represented by an attorney, a copy must also be mailed to the attorney.
Resources:

•    Maricopa County How to Get a Default Decree in Family Court Cases

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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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