When someone files for divorce in Arizona, part of the process involves serving the former partner with divorce papers so that (s)he has an opportunity to respond to the filing. While filing a response to divorce papers can allow people to explain what they would like out of a divorce (and to contest what the other party may have already stated), sometimes, people never respond to a divorce filing.
In these cases, a default hearing can be held to propel the case forwards. Below, we will point out some important information to know about default hearings in Arizona divorce cases.
Divorce Default Hearings in Arizona: Here’s What You Should Know
- When they can occur – Default hearings can occur no sooner than 61 days after an ex (i.e., the Respondent) was served with the divorce papers. If you were not able to locate and serve your former partner with divorce papers, you can have him or her served via publication (a distinct process that may extend the time frame before which people can request a default hearing).
- How to request one – After 61 days has passed since serving an ex and no response has been filed, a default hearing can be requested by filling out and filing an Application and Affidavit of Default with the court.The respondent will be informed of the request for a default hearing and, again, will be given an opportunity to respond. If a response is not filed within 10 business days, a date will be set for the default hearing.
- What to bring to these hearings – A number of different court forms will need to be completed and notarized prior to the hearing so you can bring them, ready, to court. Among these forms are the Decree of Dissolution, Legal Separation or Order of Annulment (3 copies); a Parent Information Program Certificate; a signed parenting plan (3 copies); and additional documents if making requests for support payments. When people fail to bring all of the necessary paperwork (appropriately completed and notarized), their hearing will typically be rescheduled.
Generally, once a default hearing has been set and a response has still not been filed by a former partner, the petitioner will get everything (s)he’s requesting in the divorce.
Contact a Scottsdale Divorce & Child Custody Lawyer at the Law Office of Karen A. Schoenau
Do you need experienced representation in a divorce or custody case? If so , you can rely on Scottsdale Divorce & Child Custody Lawyer Attorney Karen Schoenau for honest answers, effective representation and the best possible outcomes to your case. Since 1987, Karen Schoenau has been committed to helping people resolve their important family law matters, including complex cases related to divorce, custody, paternity, and other issues.
To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-467-3435 or by emailing us using the drop-down contact form at the top of this page.
From her offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.