When couples in Arizona make the decision to dissolve their marriage, there are various legal avenues available to them. Among these options is a default divorce. A default divorce occurs when one spouse initiates the divorce process, but the other spouse fails to respond or engage in the legal proceedings.
Who is Eligible to File for a Default Divorce in Arizona?
According to Arizona law, any spouse can file for a default divorce as long as they meet specific requirements. These requirements include:
- At least one spouse must have resided in Arizona for a minimum of 90 days prior to filing for divorce.
- A valid reason for seeking a divorce, such as irreconcilable differences or if one party has been convicted of a felony.
- One spouse must deliver a copy of the divorce petition and a summons to the other spouse.
If these criteria are met, and the other spouse fails to submit a response within the time limit allowed by Arizona law, the plaintiff may proceed with a default divorce.
Understanding the Process of Filing for a Default Divorce in Arizona
To initiate a default divorce, the spouse seeking the divorce must first file a petition for dissolution of marriage. This petition must provide information about the marriage, including the names and addresses of both spouses, as well as the date and location of the marriage.
Additionally, the petitioner must affirm under oath that the information provided in the petition is true and accurate to the best of their knowledge. After the petition is filed, the petitioner must serve the other spouse with a copy of the petition and a summons to appear in court.
In the event that the other spouse fails to respond within 20 days after receiving the petition and summons, the petitioner can proceed by filing a motion for default judgment. This motion must contain:
- A statement acknowledging the other spouse’s failure to respond to the petition within the legally specified time frame.
- A request for the court to grant the divorce and provide any necessary relief, such as child custody arrangements, child support, spousal support, and the division of property.
Once the motion is submitted, the court will schedule a hearing to assess whether the petitioner is entitled to the requested relief. If the court determines that the petitioner has a valid case, a divorce decree will be issued.
Conclusion
A default divorce serves as an option for couples in Arizona who wish to terminate their marriage but face difficulties in obtaining their spouse’s active participation in the legal proceedings. However, it is always advisable to have both parties involved in the divorce process to ensure the protection of their respective interests. If you are considering filing for a default divorce, seeking guidance from an experienced family law attorney is crucial to navigate the complexities of the process effectively.