Tucson Arizona Application, Affidavit, and Entry of Default

State:
Arizona
City:
Tucson
Control #:
AZ-DR-7-ANU
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is a written, sworn statement by an individual witnessed and signed by a Notary Public or other official person. The 'affiant' swears to the truth of the written statement. This form, a sample Application, Affidavit, and Entry of Default, can be used as an affidavit on the named topic. Adapt the model language to fit your own circumstances and sign in the presence of a Notary. Available for download now in standard format(s).

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FAQ

A default divorce is one where a divorce judgment is entered on the other party's failure to file an answer to the divorce petition.

The Sheriff, Constable or Process Server must tell the other person that these are legal papers, then leave the papers near the person (at their feet is fine), or by leaving the papers at the Defendant's dwelling with a person of suitable age and discretion who lives there.

The person to whom a summons or other process is directed may accept service, or waive issuance or service thereof, in writing, signed by that person or by that person's authorized agent or attorney, and the acceptance or waiver shall be filed in the action.

I. Background Rule 4.2(c), Arizona Rules of Civil Procedure, authorizes service of the civil summons and complaint to the defendant outside of Arizona but within the United States by specific types of U.S. Mail or nationwide delivery services such as FedEx or UPS.

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.

How Long Does It Take To Get a Divorce By Default In Arizona? In most Arizona divorces, there is a mandatory 60-day waiting period after the divorce petition is filed before the divorce can be finalized.

If you want to set a default hearing, you must complete the application and affidavit of default and file it with the clerk of the court . You must be sure service of the petition was complete, and that the other person did not file a written response or answer with the court.

The most reliable form of serving a person in the state is by hiring a process server. This person will ensure that the summons and other documents necessary in these matters received by the appointed individual occur with all valid and needed procedures.

If you sign the ?Acceptance of Service,? and you want to file a written Response or Answer with the court, you must file your Response or Answer within 20 days of the day the ?Acceptance of Service? is filed if you sign in the State of Arizona, or within 30 days of the day the ?Acceptance of Service? is filed if you

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Tucson Arizona Application, Affidavit, and Entry of Default