Default Hearing Frequently Asked Questions
A default hearing may be set when you want a divorce, judgment or order from the Court when the Respondent has not responded in writing to your petition. The Court may grant the requests that the Petitioner made in the initial petition. A default hearing cannot be set until at least 61 days after the date the petition (and other documents) were served on the Respondent.
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" with the Clerk of the Court. After you have given the other party a copy of the "Application and Affidavit of Default" 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 request a default hearing date.
To request a default hearing, you can schedule your hearing by calling 602-372-3332.
Click here for a set of questions you will be asked before your hearing can be set.
If a default hearing is set for you, 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. See complete instructions and information.
Bring the following to your default hearing:
Completed Decree of Dissolution, Legal Separation or Order of Annulment and 2 copies.
If you have requested Spousal Maintenance:
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.
- Two 9X12 envelopes, one addressed to you and one addressed to the other party with 3 standard current postage stamps for each envelope.
- Copy of any prior Child Support Orders/Birth certificate for children.
If you agree on all the issues, you may submit a Consent Decree. See complete instructions and paperwork.
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