Arizona Divorce By Default Lawyer

Divorce is sometimes an amicable process, with both parties working together to hammer out a mutually agreed-upon settlement. But in the unfortunate event that one or both spouses are less than willing to work together, Arizona has a procedure called “Divorce by Default” that we will cover in detail in this blog article. In Arizona, the person who files for divorce first is called the “Petitioner.” The person who receives the filing is called the “Respondent.” Because divorce procedures can get fairly complex quickly, you might need a professional divorce attorney to represent you.

What Is Default Divorce?

According to Arizona laws, the respondent must be served with divorce notice via certified mail or personal delivery with sufficient proof of compliance (also called “return receipt” A default divorce will occur if the petitioner fails to file an answer or any other legal response within 30 days after being served with the Notice of Intent Divocur.

What Is The Process To Getting A Divorce By Default In Arizona?

The first step is to serve your spouse with “The Summons For Divorce.” Then you will need to wait for them to file their answer to the Declaration of Default. A default divorce will occur if they do not file an answer or any other legal response within 20 days after being served with the Notice of Intent Divorce. The 20 days are for Arizona residents. If your spouse lives outside of Arizona, you will need to wait 30 days. After the applicable time frame elapses, you might need to file an application and affidavit to establish proof of non-filing.

Once the application is filed, you will need to deliver it to your partner then wait for another 10 days for your partner to comply. If your spouse does not do so, you will need to file a Motion To Set A Default Hearing with the court, and you will need to request for your case to be heard in front of a Magistrate. You might also want to consider hiring a lawyer for this process since it might be complicated.

What Are The Risks Involved With Trying To Get A Default Divorce In Arizona?

There are a few risks involved with a default divorce. First, your spouse can file a response to the petitioner’s allegations, so there may be a hearing where you may have to prove your case. In addition, if your spouse can prove that they never received notice of the divorce, they might be able to get the case dismissed. In these cases, you will need a lawyer to help you defend your case.

It is always better to avoid a divorce in the first place, but if it comes down to it, there are some things you can do. First of all, you need to be aware of your rights and responsibilities under the law. Secondly, you need to make sure that filing for a divorce is the right thing for you to do at the time. In any case, you must agree with your spouse or partner before you take any action against them. You can visit https://familylawattorneymesaaz.net/ for more information on how to file for a divorce by default in Arizona.

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