Default Divorce in Arizona

A default divorce happens when you serve your spouse with the divorce petition and they fail to file a written response within the required timeframe. It does not mean the divorce is automatic or instant — Arizona still requires you to follow a specific multi-step process under Rule 44 of the Arizona Rules of Family Law Procedure, and cutting corners will get your paperwork rejected.

When Default Becomes Available

After your spouse is formally served, they have 20 calendar days to file a written Response with the court and pay the response fee (30 days if served out of state). If that deadline passes with no response filed, you can begin the default process.

The deadline is measured from the date of service, not from the date you filed the petition. If your spouse was served on June 1, the response window closes on June 21.

The Default Process Step by Step

Step 1: File the Application for Default

Prepare and file an Application and Affidavit for Default with the Clerk of the Superior Court. On the same day you file it, mail a copy to your spouse's last known address. This is mandatory — the court will reject the default if you skip the mailing step.

Step 2: Wait 10 Court Days

Under Rule 44(a)(4), the default does not take effect immediately. Your spouse gets a grace period of 10 court (business) days — not calendar days — to file a late response. If they respond during this window, the default is voided and the case proceeds as contested.

Step 3: Submit the Default Decree

Once the 10-court-day grace period lapses with no response, you can finalize the divorce through one of two methods:

Without a hearing (Rule 44.1) — Available only if your spouse was served in person (not by publication), is legally competent, and the terms in your proposed decree exactly match what you requested in your original petition. You file a Motion and Affidavit for Default Decree without a Hearing, along with the proposed Default Decree, Child Support Worksheet, and Parenting Plan (if children are involved). In Maricopa County, the judge's review takes 4 to 6 weeks, after which the signed decree is mailed to both parties.

With a hearing (Rule 44.2) — Required if service was made by publication or if you prefer an in-person proceeding. You request a hearing date and present oral testimony under oath regarding the grounds for divorce, property division, and custody arrangements. The judge signs the decree at the hearing.

Step 4: Mail the Signed Decree

Within three days of receiving the signed default decree, you must mail a copy to your spouse's last known address and file a Certificate of Mailing with the court. This is a mandatory post-decree obligation — failure to comply can create procedural complications if your spouse later seeks to set aside the default.

What You Can and Cannot Get in a Default Decree

A default decree generally grants everything the petitioner requested in the original petition, because the respondent's silence is treated as a failure to contest those terms. However, the proposed decree must be consistent with what was asked for in the petition — you cannot add new claims or change your property division requests at the default stage.

If service was by publication, the court's power is limited to dissolving the marriage. It cannot rule on property division, custody, or parenting time without personal jurisdiction over the respondent.

The 60-Day Waiting Period Still Applies

Even in a default case, no decree can be entered until at least 60 days after the date of service under A.R.S. Section 25-329. A typical default divorce timeline runs 90 to 120 days when you factor in the response window, the 10-court-day grace period, and the judge's processing time.

The Arizona Divorce Filing Process Guide includes a default-decree checklist covering every filing step, the exact day counts, and the mailing requirements so nothing gets rejected on a technicality.

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