Hi, I’m Chris Hildebrand of Hildebrand Law. I’m an Arizona divorce lawyer. I’ve been practicing family law and divorce in the state of Arizona for over 20 years. One of the common questions I receive from clients and potential clients regarding the Arizona divorce process is, what is a default divorce. A default divorce occurs when one spouse has filed a petition for dissolution of marriage, they’ve served that petition for dissolution of marriage on the other party, typically through a private process server and the other party after they’ve been served, fails to file a written response with the court within the time allowed by.
Law in the state of Arizona. Now, if that spouse was served while physically located in the state of Arizona, they have 20 days to file a response to that divorce petition. However, if they were served while outside the state of Arizona, they’re given an additional 10 days and they have to file an answer within 30 days that the divorce petition was served upon them. If they fail to file that timely response, the filing party, the petitioner, will file an application an affadavit of default with the court, they will mail that application.
An affadavit of default to the other party, and the other party is then given 15 days to file a response from the date the application for default was filed. If they fail to file that written response, the spouse who filed the petition, simply calls the court, the court will set a default hearing, that spouse will show up to that default hearing with a form of divorce decree. If the court finds that the proposed division of debts and assets in that default divorce decree is fair and equitable and the provisions regarding child.