Application for Default
*Standard Pricing does not include court filing and filing fees, courier service fees, and process server fees (if any).
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$1100Everything from Standard Option +
- Rush Delivery (72-hour turnaround time)
- Courier Service (if applicable)
- Court Filing Fee (if applicable)
- Filing with the Court (if applicable)
- Notice and/or Service on Opposing Party
After filing your initial petition and supporting docs and serving them upon the other party, that party will have a specified amount of time to respond to the Petition and make an appearance in the case (usually 20 days if they live in state and 30 days if they live out of state). If the party fails to respond or make an appearance on the case after the applicable response time, a party can proceed by default. An Application and Affidavit for Default is a legal document filed with the Court to initiate the Default process. When this document is properly completed and filed, Default has been applied and entered. The Default will be effective ten (10) Court business days after the filing of the completed document, unless the Respondent files an Answer/Response or otherwise defends before the ten (10) Court business days expires. After expiration of the ten (10) Court business days, the filing party may request a default hearing or default judgment pursuant to Arizona Rules of Family Law Procedure 44(a). The Application and Affidavit for Default will declare under penalty of perjury that:
- The Respondent has signed an “Acceptance of Service” and has accepted service of the “Summons,” Complaint or Petition and other supporting documents. The Respondent has not filed an “Answer/Response,” or otherwise appeared or defended in the court case. Or that the Petitioner has properly served the Respondent according to law with the “Summons,” Complaint, or Petition and other supporting documents. The Respondent has not appeared, answered, responded or otherwise defended in the time required by law.
- The Respondent is not active duty military or has waived his or her rights under the Service Members Civil Relief Act.
- That the Petitioner will mail a copy of the Application and Affidavit for Default to the Respondent at his or her current or last known address.
- That the Petitioner understands that they will not qualify for Default if he or she fails to mail the Application and Affidavit for Default and/or fails to complete a Certificate of Mailing.