Superior Court >Family Court >Divorce Proceedings > Default

Default After the papers are served, you must wait a certain number of days before you can file any other papers. The waiting period varies, depending on the type of service and where the other party resides. The waiting period is the time allowed for the Respondent to file a response to the Petition for Dissolution. If the Respondent does not respond within the time allowed, the case may be able to proceed by default.

After a "Petition for Dissolution of Marriage" is filed, the Petitioner must serve the Respondent with a copy of the petition within 120 days. Alternatively, a Respondent may sign an "Acceptance of Service" form. Generally, if the Respondent lives in Arizona, he or she must be personally served by a registered process server. If the Respondent lives out-of-state, he or she may be served by certified or registered mail, return-receipt requested. After service of the petition, the Respondent must file a response within 20 days if he or she lives in Arizona. If the Respondent lives outside of Arizona, he or she would have 30 days to file a response. If service was completed by publication, the waiting time is 60 days after the 1st day service was published.

If no response is filed, the case may be able to proceed by default. See Default Time Table to calculate your service dates.

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" 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 to request a default hearing date.

You can set a default hearing on the internet at http://www.superiorcourt.maricopa.gov/ezCourtForms/, or by calling 602-372-3332. You will be asked a series of questions about your case before we can schedule your hearing.

Default Frequently Asked Questions

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