What is an Application and Affidavit for Default?

An Application and Affidavit for Default is a written request to the Court to finalize a decree or obtain a judgment in your case when a Response has not been filed within the time frame set by law. The required time frame may be 20 or 30 days depending on where the Summons and Petitions were served.

Before you can file an Application and Affidavit for Default, you must have filed one of the following petitions:

  • Dissolution (Divorce),
  • Legal Separation,
  • Annulment,
  • a Petition to Establish Paternity or
  • a Petition to Establish a First Court Order for Legal Decision-Making and/or Parenting Time.

In addition, the other party must have been served with the court papers and proof of service must have been filed with the Clerk of the Court.

Once an Application and Affidavit for Default has been filed, the default hearing can be set. In a default hearing, the Court may grant requests made in the petition without the Respondent's participation in the hearing. This is known as getting a default divorce decree or judgment. In Dissolution cases, a default hearing cannot be set for at least 60 days after the date the Petition (and other documents) were served on the Respondent.

Do you wish to continue to prepare an Application and Affidavit for Default?

Yes
No

Important! A "No" answer will exit the interview.