FAQ Questions

 FAQ Answers

What is a default hearing?
The Court may grant the requests made in the Petition for Dissolution without the Respondent participating, if the person served with the Petition for Dissolution did not file a Response. A default hearing can be set by the Petitioner if the other party/Respondent has not filed a written response. A default hearing can be scheduled by the Court upon written request 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. In a Dissolution, a default hearing cannot be set for at least 60 days after the date the petition (and other documents) were served on the Respondent.
When can I seek a default?
  • LOOK AT THE TIMETABLE BELOW. If the last day for the other party to respond falls on a Saturday, Sunday, or legal holiday, you do not count that day. The last day you count to determine if you can file the default papers, must be a day when this court is open for business.
  • INCLUDE WEEKENDS AND HOLIDAYS. In counting the days, include weekends and holidays until you reach the number of days in the Timetable below. If the other party files a written response with the court, you CANNOT GO BY DEFAULT.
DEFAULT TIMETABLE
SERVICE BY COUNT EVENT
“Acceptance of Service” (in Arizona) 24 days after other party signs “Acceptance of Service”
Process Server (in Arizona) 24 days after other party receives papers from process server
Sheriff (in Arizona) 24 days after other party receives papers from sheriff
“Acceptance of Service” (out of State) 34 days after other party signs “Acceptance of Service”
Registered mail (out of State) 34 days after other party signs green card
Process Server (out of State) 34 days after other party receives papers from process server
Sheriff (out of State) 34 days after other party receives papers from sheriff
Sheriff (out of State) 34 days after other party receives papers from sheriff
Publication 64 days after the 1st day of publication
Can I get divorced by Default without a hearing?
You may quality for a Default without a hearing if there are no minor children born before or during the marriage, if the wife is not currently pregnant, if neither party requests spousal maintenance, and if there is limited debt and property. To request a Default Judgment without hearing complete Motion And Affidavit for Default
How can I get a default hearing?

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. Before filing the Application and Affidavit of Default, you must be sure service of the Petition for Dissolution 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, call 520-866-7387 or submit your request for a hearing online. You will be asked the following questions before your hearing can be set.

1. Case  Number:
 
2. Case Type

Dissolution
Legal Separation
Annulment
Paternity
Grandparents Visitation
Other

3. Does your case involve Children?
 
If Yes,
What type of Custody is asked for in the Petition?

Have you taken the Parent Education Class?

Has the Respondent taken the Parent Education Class?
 
4. Do you need an Interpreter?
 
If Yes, what language?

5. For Dissolution, Legal Separation and Annulment matters only:
 
Is Spousal Maintenance/Support being requested?

6. Has at least 61 days passed since the respondent was served?  (91 days if service was by publication), If you answer no, you must wait until the time has passed.

7. Has at least 10 working days passed since the Affidavit and Application for Default was filed?

If you answer no, you must wait until the time has passed.

8. Type of Service:

Acceptance - Date Acceptance was signed:
Private Process Server/Sheriff - Date documents were served:
Registered Mail - Date green card was signed:
Publication - Date of 1st publication:

9. Date Affidavit & Application of Default was Filed/Mailed/Signed:

What should I take with me to the default hearing?

If a default hearing is set for you, you must completely fill out the paperwork and take your final divorce papers with you to your hearing. Your final divorce paper is called a Decree of Dissolution.

Ecourt can also prepare a Decree of Dissolution.

The relief that you asked for in your Petition for Dissolution must be the same as in the Decree of Dissolution. You will also need other documents listed below.

Bring to following papers to your default hearing:

  • Dissolution/Legal Separation/Annulment
    • Completed Decree of Dissolution, Legal Separation or Order of Annulment and 2 copies
  • If you have requested Spousal Maintenance:
    • Order of Assignment and 2 copies
  • 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 the children