DEFAULT in Family cases

©Superior Court of Arizona in Maricopa County

DRD6 -

5016 - 051322

DEFAULT

IN FAMILY COURT

CASES

3

How to Apply for Default When the Other

Party Has Not Filed a Response

(Forms and Instructions)

Online Workshops

Divorce/Legal Separation Process

Establish Paternity/Legal Decision-

Making Process

superiorcourt.maricopa.gov/llrc

To register, visit the Law Library Events Calendar at:

Talleres en línea

Divorcio y separación legal

Proceso para establecer la paternidad

y la toma de decisiones legales

Para inscribirse, visite el calendario de la Biblioteca de Derecho en:

Check the Law Library Calendar

for more workshops

Consulte el calendario de la Biblioteca

de Derecho para más talleres

DR17f 072720

©Superior Court of Arizona in Maricopa County DRD6k-010119

Law Library Resource Center

HOW TO APPLY FOR A DEFAULT

IN FAMILY CASES

CHECKLIST

You may use this packet if . . .

 You have filed a summons and petition for one of the following:

 Divorce

 Legal Separation

 Annulment

 To establish Paternity

 To establish a first court order for Legal Decision-Making authority (Legal

custody) and/or Parenting Time and/or Support

 To establish Grandparent Visitation AND

 The other party was served with the court papers OR you served the other party

by publication;

 Proof of service has been filed with the Clerk of Superior Court, AND

 The other party has not filed a written response or answer within the time frame

set by law; check the court file to be sure this is true, AND

 You want to get a (default) court order.

READ ME: Consulting a lawyer before filing documents with the court may help prevent

unexpected results. A list of lawyers you may hire to advise you on handling your own

case or to perform specific tasks, as well as a list of court-approved mediators can be

found on the Law Library Resource Center website.

©Superior Court of Arizona in Maricopa County Page 1 of 1 DRD6t051322

Law Library Resource Center

PART 3: DEFAULT

How to apply for a default in family cases

This packet contains court forms and instructions to file default in how to get a default decree in

family cases. Items in BOLD are forms that you will need to file with the Court. Non-bold items

are instructions or procedures. Do not copy or file those pages!

Order

File

Number

Title

No.

Pages

1 “FREE Workshop Flyer – The Default Process” 1

2 DRD6k Checklist: You may use these forms if … 1

3 DRD6t Table of Contents (this page) 1

4 DRD60i

Instructions: How to complete the Application and Affidavit

for Entry of Default in family cases

3

5 DRD60p

Procedures: How to file an “Application and Affidavit for

Default” and schedule a default hearing

1

6 DRD61f Application and Affidavit for Entry of Default 4

7 DRD62f

Default Information for Spousal Maintenance (Optional

only for Divorce, Legal Separation, or Annulment)

4

8 DRD62h Default Decree Checklist 1

The documents you have received are copyrighted by the Superior Court of Arizona in

Maricopa County. You have permission to use them for any lawful purpose. These forms shall

not be used to engage in the unauthorized practice of law. The Court assumes no responsibility

and accepts no liability for actions taken by users of these documents, including reliance on

their contents. The documents are under continual revision and are current only for the day

they were received. It is strongly recommended that you verify on a regular basis that you have

the most current documents.

Law Library Resource Center

Instructions: How to complete the Application and Affidavit for Entry of

Default in family cases

1. About the Application and Affidavit for Entry of Default

Your application:

a. Informs the Court that the other party:

• has been served with the court papers, and

• has not responded or answered the court papers within the proper time.

b. Asks the court to “default” the other party.

c. The Affidavit (part of the application)

• Attests that all the information in your application and attachments is true to the best of

your belief.

Note: you must attach the following papers to complete your application:

a. a copy of the proof or acceptance of service. If you do not have copies of the documents that

establish that service of process was completed, you may fill in section three of your

Application. This establishes the date and manner of service on the party in default; and

b. the Default Information for Spousal Maintenance form, if you are asking for spousal

maintenance, and will proceed by motion without a hearing. (You may NOT seek an award of

spousal maintenance in an Annulment action.)

2. When to file the Application and Affidavit for Entry of Default

• after the other party has been served with the court papers, and

• the time to respond has passed (see Default Timetable below), and

• the other party has not filed a response or answer with the court.

3. How to determine when to apply and file for default

Step 1: Count. Look at the Default Timetable below to find the type of service you used and

the number of calendar days to count before you can apply for a default hearing or

default order.

• Begin counting the day after the other party was served with the Summons and

Petition (Amended Petition, if applicable).

• Include weekends and Court holidays until you reach the number of days listed.

• If the last day for the other party to respond falls on a Saturday, Sunday, or Court

holiday, do not count that day.

Step 2: Wait. Wait until the day after the number of days listed in the Default Timetable below.

• If the other party did not file an Answer/Response within the number of days listed

in the table, you may complete an Application and Affidavit for Entry of Default as

instructed below and then file it with the Clerk of Superior Court.

• You must take this action for your case to proceed.

DEFAULT TIMETABLE

Service Made in Arizona Count Event

Acceptance of Service 20 Days after you file Acceptance of Service with the court

Delivery with Signature Confirmation 20 Days after other party signs delivery confirmation

Process Server 20 Days after other party receives papers from a process

server

Service by Sheriff 20 Days after other party receives papers from Sheriff

Publication 50 Days after the 1

st

publication in newspaper

Service Made Out of State

Acceptance of Service out of State 30 Days after you file Acceptance of Service with the court

Process Server out of State 30 Days after other party receives papers from a process

server

Delivery with Signature Confirmation 30 Days after other party signs delivery confirmation

Service by Sheriff 30 Days after other party receives papers from Sheriff

Certified Mail out of State 30 Days after other party signs a green return receipt card

Publication 60 Days after 1

st

publication in newspaper

4. How to complete the Application and Affidavit for Entry of Default

Step 1: Gather the papers. You will need the following papers to complete the application:

• Application and Affidavit of Entry of Default

• A copy of your proof or acceptance of service which establishes the date and type

of service on the other party.

• Default Information for Spousal Maintenance form, if you are seeking spousal

maintenance, and choose to proceed by motion without a hearing. (Optional).

Step 2: Complete the Application and Affidavit for Entry of Default. Use black ink.

• Answer every question/section on the form. Do not leave any question blank.

• If you are attaching a copy of your proof or acceptance of service, place it at the

end of the Application and Affidavit for Entry of Default.

• If your proof or acceptance of service is in the court record and you are not

attaching it to the Application and Affidavit for Entry of Default, state how and when

the Party in default was served.

• Certificate of mailing: write in the last known address of the other party – even if

you think the party no longer lives there. Sign the Application and Affidavit for Entry

of Default in front of a Notary or Clerk of Superior Court when filing.

Step 3: Make copies.

• Stack into one set - the original Application and Affidavit for Entry of Default, copy of

proof or acceptance of service (and if applicable), and the original Default

Information for Spousal Maintenance form (if applicable).

• Make two (2) copies of the set of papers. Note: If the defaulting party has an attorney,

make one more copy, since you must mail an entire set to both the party and the

attorney.

Now you are ready to file your application packet. Read the “Procedures” in this packet.

Law Library Resource Center

Procedures: How to file an “Application and Affidavit for Default” and schedule a

default hearing

When to file the application for default:

 after the other party has been served with the court papers, and

 the time to respond has passed, and

 the other party has not filed a response or answer with the court, and

 you completed the “Application and Affidavit for Default” and other papers and made two

photocopies of the papers.

Step 1: File the original “Application and Affidavit for Default,” and other required papers, plus at least two

(2) copies with the Clerk of Superior Court at any of these locations:

 Central Court Building, 201 West Jefferson Street, Phoenix, AZ 85003 (1

st

Floor);

 Northwest Court Facility, 14264 West Tierra Buena Lane, Surprise, AZ 85374;

 Southeast Court Facility, 222 East Javelina Avenue, Mesa AZ 85210;

 Northeast Court Facility, 18380 North 40

th

Street, Phoenix, AZ 85032.

Hand the original & copies of the “Application and Affidavit for Default” to the Clerk of Superior Court

at the filing counter. The Clerk of Superior Court will keep the original, date-stamp the copies and

return the copies to you. Make sure the copies are stamped. Note: If the defaulting party has an

attorney, make one more copy since you must file and mail an entire set to both the party and the

attorney.

Step 2: Mail one of the date-stamped copies of the “Application and Affidavit for Default” (and attachments)

to the other party on the same day you file the papers with the Clerk of Superior Court. Keep the

other copy for your records. (The “Application and Affidavit for Default” must be mailed, hand

delivery is not acceptable.) Note: If the defaulting party has an attorney, make one more copy since

you must mail an entire set to both the party and the attorney.

Step 3: Count 10 Court business days. Starting the day after the “Application and Affidavit for Default” was

filed, count 10 court business days before proceeding to next step. (In this case do not count

Saturdays, Sundays and Court holidays.)

Step 4: Fill out the “Default Decree Checklist” to determine if you are ready to schedule a hearing or submit

your default decree. If the “Default Decree Checklist” indicates you met all requirements, you can

proceed to the next step.

Step 5: If you are requesting a default hearing, schedule your default hearing by calling 602-372-3332. You

will need the information from the “Default Screening Checklist” with you when you schedule your

hearing.

Prepare a default decree and go to your hearing. The default decree is a separate packet available

online or at any Law Library Resource Center. See “Step 4 of 4: Default Decree.”

or

If you will not request a hearing and wish to submit your proposed default decree without a hearing

proceed to the next packet in the series, see “Step 4 of 4: Default Decree.” This is a separate packet

available online or at any Law Library Resource Center location.

©Superior Court of Arizona in Maricopa County Page 1 of 4 DRD61f 051322

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer OR Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case No.

(Name of Petitioner / Party A)

APPLICATION AND AFFIDAVIT

FOR ENTRY OF DEFAULT

IN FAMILY CASES

(Name of Respondent / Party B)

NOTICE: THIS IS AN IMPORTANT COURT DOCUMENT. When this document is properly

completed and filed, Default has been applied for and entered. The Default will be effective ten

(10) court business days after the filing of this completed document, unless the Respondent files

an Answer/Response or otherwise defends before the ten court business day period expires. In this

case do not count Saturdays, Sundays and court holidays to calculate court business days.

I am the Petitioner in this court case. I understand and make the following statements under oath

or by affirmation. I give notice that I am requesting entry of default against the other party, the

Respondent, because the Respondent has not filed an Answer/Response.

1. Name of other party against whom I seek this default:

has failed to respond

within the time allowed by the Arizona Rules of Family Law Procedures, and (choose one)

the last known mailing address for the Party in default is

; OR

I do not know the whereabouts of the Party in default.

For Clerk’s Use Only

Case No.

©Superior Court of Arizona in Maricopa County Page 2 of 4 DRD61f 051322

2. The name of the attorney known to represent the Party in default, either in this action or in

a related matter, is

, (whether or not the

attorney has formally appeared) OR

I do not know the identity and address of any such attorney.

3. Evidence of Service (one of the following must be true)

I attached to this Application a copy of the proof or acceptance of service establishing

the date and manner of service on the Party in default. OR

I do not have a copy of the proof or acceptance of service but the proof or acceptance

of service appears in the court record, and the Party in default was served by:

Acceptance of Service Process Server

Publication Signature Confirmation by Mail

Other:

Date of Service: .

4. Spousal Maintenance (choose one)

Does not apply.

I attached a completed Default Information for Spousal Maintenance form to the end

of this Application, since I am asking for spousal maintenance and will proceed by

motion without a hearing.

5. Service Members Civil Relief Act: The Party in default is either: (choose one)

not in the active military service of the United States OR

has waived his/her rights under the Service Members Civil Relief Act (formerly

“Soldiers and Sailor’s Civil Relief Act”).

6. Certificate of Mailing:

As required by Arizona Rules of Family Law Procedures Rule 44(a):

a. Party in default: (must choose one)

I will mail a copy of this Application and Affidavit for Entry of Default and

attachments to the Party in default, at the last known mailing address listed

below, on the day I file this Application with the Clerk of Superior Court – even

if the Party in default is represented by an attorney:

(Mailing address, city, state, and zip code)

OR

I do not know the whereabouts of the Party in default.

Case No.

©Superior Court of Arizona in Maricopa County Page 3 of 4 DRD61f 051322

b. Attorney for Party in default: (must choose one)

If an attorney has filed a notice of appearance with the court on behalf of the

Party in default or I have been contacted by an attorney who claimed to be

representing the Party in default, I will mail a copy of this Application and

Affidavit for Entry of Default to the attorney of the Party in default on the day

I file this Application:

(Mailing address, city, state, and zip code)

OR

I do not know the identity and address of any such attorney.

c. Other parties who have appeared in this case (must choose one)

I will mail a copy of this Application and Affidavit for Entry of Default to all

other parties who have appeared in this action, on the day I file this Application

at the Clerk of Superior Court or soon thereafter.

(Name and mailing address, city, state, and zip code)

OR

No other parties have appeared in this action.

By signing below, I swear or affirm that the information above is true and correct

Date Signature

STATE OF

COUNTY OF

Subscribe and sworn to or affirmed before me this: by

(Date)

.

(Notary seal)

Deputy Clerk of Superior Court or Notary Public

Case No.

©Superior Court of Arizona in Maricopa County Page 4 of 4 DRD61f 051322

Warning

1. If the Party in default fails to file a responsive pleading or otherwise defend this action within

10

working days after the filing of this Application, a default judgment may be entered.

2. Petitioner must still participate in a default hearing to be set by the court (see

the procedures

document in this packet for instructions on getting a hearing).

If Petitioner qualifies, they may

complete the process to obtain a default decree without a hearing pursuant to Rule 44.1, A.R.F.L.P.

3. A default hearing will not be scheduled if this Application and Affidavit for Entry of Default is

missing information or not completed correctly.

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case No.

ATLAS No.

Petitioner / Party A

DEFAULT INFORMATION for

SPOUSAL MAINTENANCE

Respondent / Party B A.R.F.L.P. Rule 44

Check appropriate box below:

Party A’s Statement

Party B’s Statement

Pursuant to the Arizona Rules of Family Law Procedure, I hereby state the following, under penalty of perjury:

A. To qualify for spousal maintenance under A.R.S. § 25-319, I provide the following information:

I lack sufficient property, including property I will be receiving in the dissolution, to provide for my

reasonable needs.

I am unable to be self-sufficient through appropriate employment.

I am unable to earn enough money to support myself.

I am the custodian of a child whose age or condition is such that I should not be required to seek

employment outside the home.

I contributed to the educational opportunities of my spouse.

My marriage has lasted _______ years.

I am ______ years old.

There have been excessive or abnormal expenditures, destruction, concealment or fraudulent

disposition of community, joint tenancy and other property held in common.

There are actual damages and judgments from conduct resulting in criminal conviction of either you

or your spouse in which the other spouse or child was the victim.

FOR CLERK’S USE ONLY

Case No.

B. If the court finds you qualify for spousal maintenance, it will need the following information in determining

the appropriate amount and duration. To assist the court, please answer the following:

1. If you were employed during the marriage, state how and when you have been employed.

How employed:

When employed:

I was not employed during the marriage.

2. Do you have a physical or emotional condition that limits your ability to work? Describe:

I do not have a physical or emotional condition that limits my ability to work.

3. Describe any contributions you have made to your spouse’s earning ability or how you reduced

your income or career opportunities to benefit your spouse.

Does not apply.

4. If your request for spousal maintenance is granted, will you and the other party be able to

contribute to the educational expenses of your children? Describe.

Does not apply.

5. Why are the financial resources available to you, including property awarded in the decree, not

adequate to meet your needs?

6. Do you think additional education or training would enable you to find employment sufficient to

meet your needs?

Is this education or training readily available?

How long do you think it will take to complete this education or training?

7. How much will it cost you per month to obtain health insurance after the divorce?

How much will the other party save per month if the insurance changes from a family plan to

employee only health insurance?

8. What is your spouse’s present occupation and monthly income? (If you do not have

documentation of your spouse’s income, describe how you came to your estimate.)

Case No.

NECESSARY MONTHLY EXPENSES (For yourself and minor children who reside with you)

House (mortgage/rent)

$

Repair/Upkeep

$

MONTHLY PAYMENTS/DEBTS

Utilities

Creditor

Balance

Payment

Electricity

$

Gas

$

Water & Sewer

$

Phone

$

Garbage

$

Total Monthly Payments

$

Food & Household

Supplies

$

Total Expenses, Payments

$

Work/School Lunch

$

Medical, dental, drugs,

supplies

$

INCOME

Insurance not deducted

from pay

$

GROSS PAYCHECK

 weekly  twice mo.*

$

Clothing

$

 monthly  every 2 weeks

$

Laundry/Dry Cleaning

$

*For example, the 1st and 15th

$

Childcare/Sitter

$

Less: Federal Taxes

$

Support paid for spouse

and/or minor children of

prior relationship

Less: State Taxes

$

SS & Medicare

$

Insurance

$

Car Repair/

Maintenance

$

Savings, etc.

$

Car Insurance

$

Other:

$

Gas/Oil

$

Other:

$

Vehicle License

$

Public Transportation

$

Total Deductions

$

Other (Explain)

$

Net Paycheck

$

Total Monthly

Expenses

$

TOTAL GROSS MONTHLY INCOME

$

Case No.

9. I request $___________ per month for spousal maintenance for ______ years.

10. Can the other party’s needs be met if you receive this requested spousal maintenance?

I declare under penalty of perjury that the foregoing is true and correct.

Date: Signature:

DEFAULT DECREE CHECKLIST

(To determine if you are ready for Step 4 – Default Decree)

(Do not file this form)

1.

Case

Number:

2.

Case

Type:

Dissolution/Divorce

Legal Separation

Annulment

Paternity

Grandparent Visit

Other

3.

Does your case involve children?

Yes

No

A.

Have you filed your Parent Information Program

Certificate?

Yes

No

B.

Have you completed a Child Support Worksheet?

Yes

No

4.

Do you need an Interpreter?

Yes

No

If Yes, what language and dialect?

5.

For Divorce, Legal Separation and Annulment matters

only:

Is spousal maintenance (alimony) being requested?

Yes

No

6.

Did at least 10 Court business days pass since you filed

the Application and Affidavit for Default? (if you answer no,

you must wait until the time has passed before going to Step 4)

Yes

No

7.

Type of Service:

Acceptance of Service

Private Process Server/Sheriff

Date filed:

Date documents served:

in state

out of state

in state

out of state

US mail or delivery service

Publication

Date signed:

First date of publication:

in state

out of state

in state

out of state

8.

Date Application and Affidavit of Default

was:

Filed:

Mailed:

9.

Is the other party an active member of the United States

Military? If yes, you will need to bring a signed and notarized

“Service Members Civil Relief Act Waiver” to your hearing.

Yes

No

10.

To schedule a hearing, call 602 372-3332

(Write down your court date and time. You will

not receive any other notice of the date/time.)

Complete decree forms that are part of the

Step 4 default process

Court Date:

Court Time:

DO NOT BRING CHILDREN TO COURT

To proceed by motion and no hearing, complete the motion and all decree forms that are part of

the Step 4 default process.