Saturday, September 28, 2013

Default Decree Without A Hearing

If your case does not involve children or spousal maintenance and you did not serve by publication, you may file a motion to obtain your default decree without attending a hearing. 

Step 1: Initiating the Case

All cases start the same by initiating the action. The initial documents are prepared, reviewed, revised and signed by the Petitioner, the person initiating the case, and filed with the Court. The Petitioner will either pay the required filing fee, or file an application to defer or waive the filing fee, at the time of filing the initial documents.

Step 2: Service

The next step is to serve the documents filed with the Court. Service is accomplished by one of the following methods:

Process Server
Acceptance of Service
Certified Mail and an Affidavit of Service by Certified Mail 
Publication (used as a last resort when you cannot locate the other party for service) 

Step 3: Wait for the Response Time to Pass

The other party has either 20 days to respond (if served in Arizona) or 30 days to respond (if served outside of Arizona).  

Step 4: File an Application and Affidavit of Default

If the other party, the Respondent, does not respond within the appropriate time period, the next step in this process is to file an Application and Affidavit of Default. This document is filed with the Court and a copy mailed to the other party. The other party has 10 additional business days to file a response and pay their filing fee, or have it deferred or waived. If they fail to do so, an automatic entry of default will be entered against them. 

Step 5: File a Motion and Affidavit for Default Decree Without A Hearing

The final step in a Default Decree Without A Hearing is signing the Motion and Affidavit for Default Decree Without A Hearing. This document may not be signed and filed until after the 60 day waiting period has passed. This document is filed with the Court and a copy of the Motion with three copies of your final default decree is delivered to the Default Commissioner with a self-addressed, stamped envelope for each party. The default decree is mailed to both parties from the Court once the Default Commissioner signs the decree and it is filed with the Court. 

The divorce is final once you receive the signed and filed default decree in the mail. 

The information provided is based on Arizona family court procedures. This information is strictly informational and not legal advice. If legal advice is required, please consult with an attorney. Arizona Legal Document Services, L.L.C. has references available for family law attorneys.

You may contact us at 480-307-9306 or 602-595-7478 or visit our website arizonalegaldocs.com. We are located in Downtown Mesa at 101 W. Main St., Mesa, Arizona 85201 in the historic One Oh One Building and also in Downtown Phoenix at 112 N. Central Ave., Suite 450, Phoenix, Arizona 85004 in the historic Heard Building.