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Default Judgment

A “Default Judgment” will take place when a spouse does not “Respond” to the “Petition for Dissolution” within 20 days of being served, if they are an Arizona resident. The amount of time to respond is increased to 30 days if the responding party is served out of state. In order for the default judgment to occur, the petitioning spouse must file a “Application for Default”, notifying the court that their spouse did not respond. The responding spouse then has an additional 10 days in which to file documentation with the court. If they completely fail to respond, then the judge can enter a “Default Judgment” or “Final Judgement” and can award the petitioning spouse everything they have requested. The final judgment will result in a “Decree of Dissolution.”
The “Default Hearing” takes two to four weeks to occur, and the petitioning spouse is required to be present in court in order for the judge to sign the decree and provide the Petitioner a copy. Even though the judge may grant the decree at a Default Hearing, the responding spouse can still file a motion and a request to the court to “Set Aside the Default Judgment” in order to allow them to file a Response. This is true even though this may be the first time the responding spouse has done anything about their divorce. If the judge does grant the “Motion to Set Aside the Default Judgment,” then the entire process will restart. If you have had a Default Judgment entered against you in Arizona and you wish to challenge it, contact The Cantor Law Group immediately so we can attempt to remedy your situation.

Contact us or call The Cantor Law Group at (602)254-8880 immediately for a free initial consultation designed to provide helpful information regarding a “Default Judgment” as it applies to your individual situation.

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