Whether you recently found out that your spouse filed for divorce and you worry about your ability to file a response in time, or your spouse has not responded to your divorce and you want to move forward with ending your marriage, it is important to take a look at default divorce. In addition to understanding how default divorces work, it is also essential to review some of the potential pros and cons of default divorce, depending on your circumstances.
It is crucial to remember that every divorce is unique and to focus on the individual aspects of your divorce.
Default divorce, filing a response and time limits
According to the Judicial Branch of Arizona, people can move forward with a default divorce if the other party does not respond to their Petition for Dissolution within a certain timeframe. After filing a Petition for Dissolution of Marriage, the petitioner has 120 days to serve the respondent. After receiving a copy, the respondent has 20 days to file a response if they live in Arizona, or 30 days if they live outside of the state.
Applying for a default divorce
If the respondent fails to respond in time, the petitioner can apply for a default divorce. The respondent must hand-deliver or mail a copy of the Application and Affidavit of Default to the respondent on the same day the Clerk of the Court stamps it. If the other party does not respond within 10 court days, the petitioner might have the ability to obtain a hearing date for a default divorce.
While a default divorce can move forward quickly, it is important to understand that you will not have a say in your divorce if you fail to file a response.