While default divorces can be beneficial, they also have potential drawbacks: Lack of Input: The respondent has no opportunity to present their side or contest the terms. Unfair Terms: If the petitioner requests terms that heavily favor them, the respondent could be at a significant disadvantage.
A default hearing is scheduled when you want a divorce, other judgment or order of the Court when the opposing side does not respond in writing to your petition or motion. A default hearing cannot be set for at least 61 days after the date the petition (and other documents) were served on the Respondent.
In Arizona, a default divorce occurs when a spouse doesn't respond to a divorce petition in the required time, triggering legal steps under the Arizona Revised Statutes. The process involves the petitioner filing for divorce, serving the papers, and waiting for a response.
A default judgment may be entered against a minor, an incapacitated person, or adult in need of protection only if the person's parent, conservator, or guardian-as specified in Rule 17(g) - has appeared.
Otherwise, you'll usually need to attend a default hearing, where a judge will review your proposed divorce judgment and may ask some questions or request that you submit more information before making an official ruling.