What is a default divorce?

A default divorce is a type of divorce in which one spouse does not appear in court. Under Arizona divorce law, if one spouse fails to respond to the petition for dissolution of marriage within 20 days after receiving notification of the lawsuit, then the other spouse is allowed to file a motion for a default divorce. The motion must include an affidavit stating that the responding spouse was properly served and has not responded. The court will then set a date for a hearing. The responding spouse does not have to show up to the hearing, but if either spouse would like to contest the divorce they can do so. If no one appears at the hearing, the court will grant the divorce and any orders set forth by the filing spouse. The court cannot grant requests regarding alimony, child custody, or child support in a default divorce. Therefore, any requests made in the filing spouse’s petition may be ignored and the court will only grant the divorce.

Related FAQs

What is the difference between an uncontested and contested divorce?
What are the residency requirements for divorce?
What is a prenuptial agreement?
What is a temporary restraining order?
What is a divorce lawyer?
What is a family law attorney?
What are the benefits of a short-term marriage divorce?
What is an uncontested divorce with no children?
What documents do I need to file for a divorce?
What is a child support modification?

What is a default divorce?

Related FAQs

Related Blog Posts