What is a default divorce?

A default divorce is a type of divorce that is granted in Arizona when one of the spouses does not respond or take any action in the case. This means that the party that did not respond, or “default”, to the court proceedings has essentially given up their right to participate in the case and accept the consequences of the divorce. In Arizona, if the filing spouse has followed the proper filing procedure with the court, the defaulting spouse has no further rights to participate in the divorce proceedings. This includes responding to the divorce complaint, appearing in court, or filing written requests with the court to contest the divorce. In some cases, the court may still need to ensure that assets are divided fairly and that any child support or spousal support is agreed to by both parties. In addition, the court may require the filing spouse to provide additional information or explanations of certain circumstances that may arise during the divorce proceedings. The filing spouse in a default divorce is still responsible for presenting the court with evidence supporting the requested outcome of the divorce. The court will also make sure that the terms of the divorce are fair and equitable for both parties. In some cases, the court may even order mediation or other means to resolve disagreements between the parties. Since the defaulting spouse has essentially forfeited their right to participate in the divorce proceedings, the court is more likely to grant the divorce in favor of the filing spouse. This can be an efficient way for a filing spouse to obtain a divorce when the other spouse is uncooperative. However, it is recommended that divorcing couples attempt to negotiate the terms of the divorce rather than to rely on default divorce.

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What is a default divorce?

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