Default Decree

After the Petitioning party (hereinafter “Petitioner”) in a divorce case files and properly serves the other party (hereinafter “Respondent”) the Petition for Dissolution and all applicable supporting documents, the Respondent will have a certain amount of days to respond and/or make an appearance in the case after they are served (usually 20 days if they live in state and 30 days if they live out of state). If that party does not respond or otherwise make an appearance after expiration of that time period, the Petitioner can file an Application and Affidavit for Default. When the Application and Affidavit for Default is properly filed and served, Default has been entered and served. This will give the Respondent ten (10) Court business days to Answer/Respond or otherwise defend against the initiated action. If the Respondent fails to appear the Petitioner may then request a default hearing (assuming that 60 days has elapsed since the date of service) or default judgment pursuant to Rule 44 of the Arizona Rules of Family Law Procedure. The Petitioner may obtain a default decree of judgment by motion under certain circumstances pursuant to Rule 44.1 and with a hearing pursuant to Rule 44.2. Biggest difference being that in order to finalize a default decree or judgment without hearing, the decree may not differ from what was requested in the original petition. Depending on the issues of the case and the type of service upon the Respondent the Default Decree will outline the Petitioner’s position/requests on:

• Legal Decision-Making (divorce with children)
• Parenting Time (divorce with children)
• Child Support (divorce with children)
• Financial Issues
• Distribution of Debts and Assets
• Distribution of Retirement Benefits
• Spousal Maintenance
• Tax Issues
• Property Issues
• Real Property
• Personal Property
• Community Property
• Sole and Separate Property