How do I get an Arizona divorce by default?
In Arizona, an “uncontested divorce” is called a “default divorce.”
In most other states, it’s called an “uncontested divorce,” but Arizona likes to be different!
Once you file for divorce, you must have your spouse served with the documents. You can use a process server, certified mail or by having them sign an Acceptance of Service (AOS).
Upon completion of service, your spouse has 20 days– if served in Arizona (or 30 days if served outside of Arizona)– to file a Response to your divorce Petition with the Court.
If your spouse fails to file a Response within the set time frame and you are not proceeding by consent, then you will need to file an Application and Affidavit of Default with the Court requesting that you be allowed to proceed via default.
The Court will give your spouse ten (10) additional business days to file a Response from the date you file your Application and Affidavit of Default. If your spouse has still not filed a Response within the ten (10) additional days, you can request a default hearing sixty (60) days after the date of service. At a default hearing, you will present a Court Commissioner with your proposed Default Decree of Dissolution of Marriage and so long as everything you are requesting is legal, the Commissioner will sign off on your paperwork and you will be divorced at the time of the default hearing.
Affordable Family Law can guide you through the entire divorce process, including a default divorce. Contact us today to learn more about our cost-effective Arizona divorce solutions.