Superior Court >Family Court >Divorce Proceedings >Default

Default: Frequently Asked Questions What is a default hearing? The Court may grant the requests made in the Petition without the Respondent participating, if no response has been filed. You can set a default hearing if the other party has not filed a written response. A default hearing is scheduled when you want a divorce, other judgment or order of the Court 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. How can I get a default hearing? If no response is filed, you may be able to get divorced by default. See complete instructions and paperwork.

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 party 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 two (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 party the day that you filed the "Application and Affidavit of Default" with the Clerk of the Court. After you have given the other party a copy of the "Application and Affidavit of Default" you must wait 10 court days.

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

To request a default hearing, you can schedule your hearing by calling 602-372-3332.

Click here for a set of questions you will be asked before your hearing can be set.

What should I take with me to the default hearing? If a default hearing is set for you, you must take your final divorce papers with you to your hearing. Your final divorce paper is called a Decree of Dissolution. You will also need other documents listed below. The relief that you asked for in your Petition must be the same as in the Decree. See complete instructions and information.
Bring the following to your default hearing:
  • Completed Decree of Dissolution, Legal Separation or Order of Annulment and 2 copies.
If you have requested Spousal Maintenance:
  • Completed Judgment Data Sheet
If your case involves children:
  • Parent Information Program Certificate if it has not already been filed.
  • Signed Parenting Plan and 2 copies.
  • Completed Child Support Worksheet and 2 copies.
  • Order of Assignment and 2 copies.
  • Completed Judgment Data Sheet.
  • Wage information/pay stubs for both parties, and other financial information such as childcare costs, medical insurance premiums etc.
  • 9X12 envelope addressed to the other party with 3 standard current postage stamps.
  • Copy of any prior Child Support Orders/Birth certificate for children.
What if we agree on everything? If you agree on all the issues, you may submit a Consent Decree. See complete instructions and paperwork.
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