What Is A Divorce By Default In Arizona?

Did you know that divorce law can be different in each state? It’s important to understand the specifics of the divorce law in the state you’re looking to file in.

Let’s go over all the basics for understanding a divorce by default in Arizona.

Divorce 101

In a divorce, the individual who files the paperwork for the divorce is called the petitioner. The individual who receives the paperwork is called the respondent. It’s important to know that this isn’t about guilt or blame. This is simply who filed the paperwork.

What is a Default Divorce?

A defense divorce is an interesting situation. A default divorce happens when the petitioner files divorce paperwork, but the respondent fails to respond within the legally required timeframe.

This can be because the respondent is difficult to find, such as someone living internationally, because they procrastinated on the paperwork and failed to meet the deadline, or because they simply refuse to respond to the paperwork.

In a default divorce, the respondent is agreeing to the terms of default to that of the petitioner lays out by default. This is why it’s important to have a divorce attorney structure your paperwork to make sure that everything is in order.

How to File for a Default Divorce in Arizona

Here’s how you can file for a default divorce in Arizona.

The process starts with the petitioner filing for a regular divorce. The respondent will then be sent paperwork, and they will have up to 20 days to respond if they live in the state of Arizona. They have up to 30 days to respond if they live outside the State of Arizona.

If the respondent fails to reply to the paperwork within the time frame, the petitioner can then escalate things to a default divorce. New paperwork will be sent to the respondent, and they have an additional 10 days to reply after being notified of their default divorce proceedings.

After that 10-day period, the petitioner can file for default divorce proceedings.

What You Should Consider Before Filing for a Default Divorce

There’s a few things you should know about default divorce before you file.

It is possible for your spouse to contest the default divorce proceedings. If they are able to legally argue that the petitioner did not put in sufficient effort to notify them of the divorce proceedings, they can contest the divorce. This is very important when it comes to child custody.

Get Help from an Experienced Divorce Attorney

Whether you’re considering a standard divorce, a default divorce, or even a legal separation, a divorce attorney in Arizona can help you navigate this emotionally and legally difficult time. The Sampair Group has the legal expertise you need to navigate your default divorce in Arizona.