Divorce is sometimes an amicable process, with both parties working together to hammer out a mutually agreed-upon settlement. But in the unfortunate event that one or both spouses are less than willing to work together, Arizona has a procedure called “Divorce by Default” that we will cover in detail in this blog article. In Arizona, the person who files for divorce first is called the “Petitioner.” The person who receives the filing is called the “Respondent.” Because divorce procedures can get fairly complex quickly, you might need a professional divorce attorney to represent you.
According to Arizona laws, the respondent must be served with divorce notice via certified mail or personal delivery with sufficient proof of compliance (also called “return receipt”A default divorce will occur if the petitioner fails to file an answer or any other legal response within 30 days after being served with the Notice of Intent Divocur.
The first step is to serve your spouse with “The Summons For Divorce.” Then you will need to wait for them to file their answer to the Declaration of Default. A default divorce will occur if they do not file an answer or any other legal response within 20 days after being served with the Notice of Intent Divorce. The 20 days are for Arizona residents. If your spouse lives outside of Arizona, you will need to wait 30 days. After the applicable time frame elapses, you might need to file an application and affidavit to establish proof of non-filing.
Once the application is filed, you will need to deliver it to your partner then wait for another 10 days for your partner to comply. If your spouse does not do so, you will need to file a Motion To Set A Default Hearing with the court, and you will need to request for your case to be heard in front of a Magistrate. You might also want to consider hiring a lawyer for this process since it might be complicated.
There are a few risks involved with a default divorce. First, your spouse can file a response to the petitioner’s allegations, so there may be a hearing where you may have to prove your case. In addition, if your spouse can prove that they never received notice of the divorce, they might be able to get the case dismissed. In these cases, you will need a lawyer to help you defend your case.
It is always better to avoid a divorce in the first place, but if it comes down to it, there are some things you can do. First of all, you need to be aware of your rights and responsibilities under the law. Secondly, you need to make sure that filing for a divorce is the right thing for you to do at the time. In any case, you must agree with your spouse or partner before you take any action against them. You can visit https://www.familylawattorneymesaaz.net/ for more information on how to file for a divorce by default in Arizona.
Jensen Family Law
3740 E Southern Ave Suite 210
Mesa AZ 85206
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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.
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For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.