Default Hearing
The Court may grant the requests made in the Petition without the Respondent participating, if no response has been filed. You can set a default hearing if the other party has not filed a written response. A default hearing is scheduled when you want a divorce, other judgment or order of the Court when the opposing side does not respond in writing to your petition or motion. A default hearing cannot be set for at least 61 days after the date the petition (and other documents) were served on the Respondent. If a default hearing is set, you must take your final divorce papers with you to your hearing. Your final divorce paper is called a Decree of Dissolution. You will also need other documents listed below. The relief that you asked for in your Petition must be the same as in the Decree.
Bring to your default hearing:
Dissolution/Legal Separation/Annulment
- Completed Decree of Dissolution, Legal Separation or Order of Annulment and 2 copies
If you have requested Spousal Maintenance:
- Order of Assignment and 2 copies
- Completed Judgment Data Sheet
If your case involves children:
- Parent Information Program Certificate, if it has not already been filed
- Signed Parenting Plan and 2 copies
- Completed Child Support Worksheet and 2 copies
- Order of Assignment and 2 copies
- Completed Judgment Data Sheet
- Wage information/pay stubs for both parties, and other financial information such as childcare costs, medical insurance premiums etc.
- 9 x 12 envelope addressed to the other party with 3 standard current postage stamps
- Copy of any prior Child Support Orders/Birth certificate for children
Decree on Demand
Decree on Demand is a Family Department service that allows individuals whose cases have met the statutory time limit to schedule a default hearing. A default hearing can be scheduled by calling 602-372-3332.
In order to determine if your case is ready for a default hearing, please make sure that you have completed the Default Screening Checklist and have it available when you schedule your hearing. On the date and time of your hearing you will check in at one of these locations:
- Downtown/Phoenix - 201 W. Jefferson Street, 3rd Floor
- Northeast/Phoenix - 18380 N. 40th Street
- Northwest/Surprise - 14264 W. Tierra Buena Lane
- Southeast/Mesa - 222 E. Javelina Avenue
Once you arrive the staff will review your paperwork and file. If any discrepancies are found you will be given an opportunity to correct the discrepancy, if possible, prior to the hearing. Once your paperwork is approved, you will be directed to a courtroom.
Statutory time limits:
- Non-publication dissolution cases require 60 days after service and 10 court days after filing the Application and Affidavit of Default, whichever date is later.
- Publication dissolution matters require 90 days after service and 10 court days after filing the Application and Affidavit for Default, whichever date comes later.
Consent Decree
After you have waited the required time frames, paid the response fee, and attended the Parenting Information Program (if you have children) you can submit a Consent Decree by mail or hand delivered to the Downtown Phoenix Courthouse, Southeast Courthouse, Northeast Courthouse or the Northwest Courthouse.
Consent Decree by Mail: If you want a Consent Decree signed without coming to the courthouse, you can mail your paperwork to Family Court Administration, 201 W., Jefferson, 6th floor, Phoenix Arizona 85003 (Phoenix or Northeast cases) or 14264 W. Tierra Buena Lane, Surprise, Arizona 85374 (Northwest cases). For Mesa cases you can submit your paperwork to Family Court Administration, 222 E. Javelina Drive, Mesa, Arizona 85201 to Suite 1300.
Consent Decree Hand Delivered: You can also submit the paperwork at one of the above addresses between 8 a.m. and 5 p.m. The final judgment/decree will be mailed back to you in the envelopes you provide. This process takes approximately one week to 60 days.
Default
After a "Petition for Dissolution of Marriage" is filed, the Petitioner must serve the Respondent with a copy of the petition within 120 days. Alternatively, a Respondent may sign an "Acceptance of Service" form. Generally, if the Respondent lives in Arizona, he or she must be personally served by a registered process server. If the Respondent lives out-of-state, he or she may be served by certified or registered mail, return-receipt requested. After service of the petition, the Respondent must file a response within 20 days if he or she lives in Arizona. If the Respondent lives outside of Arizona, he or she would have 30 days to file a response. If service was completed by publication, the waiting time is 60 days after the 1st day service was published.
If no response is filed, the case may be able to proceed by default. See Default Time Table to calculate your service dates.
If you want to set a default hearing, you must complete the "Application and Affidavit of Default" and file it with the Clerk of the Court. You must be sure service of the petition was complete, and that the other party did not file a written response or answer with the Court.
At the time you file the "Application and Affidavit of Default" with the Clerk of the Court, make sure you have two (2) copies of the "Application and Affidavit of Default" date-stamped by the Clerk. You must mail or hand-deliver one copy to the other party the day that you filed the "Application and Affidavit of Default", then you must wait 10 court days.
If the other party still does not file a written response or answer in 10 court days, you may be able to request a default hearing date.
You can set a default hearing by calling 602-372-3332. During the call, you will be asked a series of questions about your case before your hearing can be scheduled.