Decree Assistance Project – DAP for Default
Decree Assistance is a brief meeting with a Conciliation Court Attorney to quickly review a person’s Decree for any discrepancies prior to going in front of the Judge.
You may be eligible to seek a Default Decree if:
- You have met statutory time limits (60 days after service) AND
- You have served the other party and the other party has not responded
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.
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.
The Application and Affidavit of Default can be found on the Clerk of the Superior Court website http://www.coscpinalcountyaz.gov/forms.html, under the Family Law section. 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 520-866-5760.
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.
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:
If you have requested Spousal Maintenance:
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 if born prior to the marriage