Default Decree With a Hearing (With Children)

In a divorce with children, you are required to attend a hearing to obtain the default decree.

Step 1: Initiating the Case

All cases start the same by initiating the action. The initial documents are prepared, reviewed, revised and signed by the Petitioner, the person initiating the case, and filed with the Court. The Petitioner will either pay the required filing fee, or file an application to defer or waive the filing fee, at the time of filing the initial documents.

Step 2: Service

The next step is to serve the documents filed with the Court. Service is accomplished by one of the following methods:

Process Server

Acceptance of Service

Certified Mail and an Affidavit of Service by Certified Mail

Publication (used as a last resort when you cannot locate the other party for service)

Step 3: Wait for the Response Time to Pass

The other party has either 20 days to respond (if served in Arizona) or 30 days to respond (if served outside of Arizona).

Step 4: File an Application and Affidavit of Default

If the other party, the Respondent, does not respond within the appropriate time period, the next step in this process is to file an Application and Affidavit of Default. This document is filed with the Court and a copy mailed to the other party. The other party has 10 additional business days to file a response and pay their filing fee, or have it deferred or waived. If they fail to do so, an automatic entry of default will be entered against them.

Step 5: Schedule the Default Hearing

Once the 10 business days have passed after filing the Application and Affidavit of Default, the default hearing may be scheduled either online or by phone.

There is also a 60 day waiting period for divorce in Arizona pursuant to state law. This period begins the day after service and runs concurrently with the 20/30 day response time. A default hearing can be scheduled prior to completion of the 60 day waiting period but the court will not schedule the hearing until after the time period has passed.  

Step 6: Prepare for the Default Hearing

The Default Decree and other required documents are prepared and/or the proper number of copies made. A self-addressed, stamped envelope for the other party is prepared, unless service was accomplished by publication.

Step 7: Attend the Default Hearing

The final step in obtaining a default decree is to attend the hearing. At the conclusion of the hearing, the default decree is signed by the Default Commissioner and filed with the Court. A set of the documents are provided to the Petitioner and a set mailed to the Respondent.


The information provided is based on Arizona family court procedures. This information is strictly informational and not legal advice. If legal advice is required, please consult with an attorney. Arizona Legal Document Services, L.L.C. has references available for family law attorneys.

You may contact us at 480-307-9306 or 602-595-7478 or visit our website arizonalegaldocs.com. We are located at the Court Center, 1837 S. Mesa Dr., C100, Mesa, Arizona 85210 and at 2916 N. 7th Avenue, Phoenix, Arizona 85013.

 

Consent Decree With Children

A Consent Decree is basically an agreement when all terms of the divorce are agreed to by the parties.

Step 1: Initiating the Case

All cases start the same by initiating the action. The initial documents are prepared, reviewed, revised and signed by the Petitioner, the person initiating the case, and filed with the Court. The Petitioner will either pay the required filing fee, or file an application to defer or waive the filing fee, at the time of filing the initial documents.

Step 2: Service

The next step is to serve the documents filed with the Court. Service is accomplished by one of the following methods:

Process Server

Acceptance of Service

Certified Mail and an Affidavit of Service by Certified Mail

Publication (used as a last resort when you cannot locate the other party for service)

Step 3: Parenting Class

A parenting class is required to be taken in accordance with the Order and Notice to Attend Parent Information Program Class, filed with the initial case documents, within 45 days from the date the Respondent is served with, or accepts service, of the Petition. This class may now be taken online at Parenting Class Link – Children In Between

Step 4:  Parties Review and Sign the Consent Decree 

The parties will review, revise and sign the Consent Decree and other required documents. Respondent’s filing fee is paid or an application to defer or waive the filing fee is filed with the court. 


There is also a 60 day waiting period for divorce in Arizona pursuant to state law. This period begins the day after service. The parties may sign the Consent Decree prior to the expiration of the 60 days but the Consent Decree and other required documents cannot be submitted to the Court until after the 60 day deadline has passed.   


Step 5: Submission of Consent Decree to the Court 


The Consent Decree and other required documents are submitted to the Court with a self-addressed, stamped envelope for each party. Once the Court signs and files the documents, a set is mailed to each party directly from the Court. The divorce is final at this point.  

The information provided is based on Arizona family court procedures. This information is strictly informational and not legal advice. If legal advice is required, please consult with an attorney. Arizona Legal Document Services, L.L.C. has references available for family law attorneys.

You may contact us at 480-307-9306 or 602-595-7478 or visit our website https://arizonalegaldocs.com/arizona-divorce.asp

We are located at the Court Center, 1837 S. Mesa Dr., C100, Mesa, Arizona 85210 and at 2916 N. 7th Avenue, Phoenix, Arizona 85013.

 

What Happens When The Other Party Files A Response?

If a response is filed and the other party is not represented by an attorney, the Court will schedule an Early Resolution Conference (“ERC”). Both parties must attend the conference or each party will be assessed a No Show Fee of $100. A party may request to appear by phone if they are unable to appear in person for a reason considered valid by the Court.

To prepare for the ERC, a Resolution Statement is attached with the Order to Appear and must be completed and filed with a copy forwarded to the Case Manager and other party 5 days prior to the conference.

A Case Manager will review the relevant issues and assist the parties with resolving their issues. This does not take place in a courtroom. If the parties can come to an agreement on all issues, a Consent Decree is entered and the parties leave divorced. If the parties only come to a partial agreement or no agreement, the Court will schedule a Resolution Management Conference (“RMC”) with the assigned Judge.

The parties are to discuss any possible settlements prior to the RMC, unless there is an Order of Protection. Each party files a Resolution Statement with the Court prior to the conference. A Resolution Statement identifies the parties position on the issues without argument. The purpose of the RMC is to settle issues before trial. If there is not any agreements or only partial agreements, the Court will normally schedule prehearing deadlines and a trial and/or other future event to decide the remaining issues in the case.

If a response is filed and the other party is represented by an attorney, an ERC will not be scheduled. In fact, nothing may happen with the Court unless a Motion to Set for Trial or Request for Resolution Management Conference is filed. This time period may also be used for discovery requests, wherein the parties seek information and documents from each other.

The information provided is based on Arizona family court procedures and specifically to the Maricopa County Superior Court.

You may contact us at 480-307-9306 or 602-595-7478 or visit our website arizonalegaldocs.com. We are located in The Court Center at 1837 S. Mesa Drive, C100, Mesa, Arizona 85210 and at 2916 N. 7th Avenue, Phoenix, Arizona 85013.