Default Hearing

The Court may grant the requests made in the Petition for Dissolution without the Respondent participating if the person served with the Petition for Dissolution did not file a Response. A default hearing can be set by the Petitioner if the other party/Respondent has not filed a written response. A default hearing can be scheduled by the Court upon written request 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. In a Dissolution, a default hearing cannot be set for at least 60 days after the date the petition (and other documents) were served on the Respondent.

You may not proceed by Default for any petition(s) to modify.

Look at the timetable below:

If the last day for the other party to respond falls on a Saturday, Sunday, or legal holiday, you do not count that day. The last day you count to determine if you can file the default papers, must be a day when this court is open for business.

Include Weekends & Holidays

In counting the days, include weekends and holidays until you reach the number of days in the Timetable below. If the other party files a written response with the court, you cannot go by default.

You may qualify for a Default without a hearing if:

• There are no minor children born before or during the marriage
• The wife is not currently pregnant
• Neither party requests spousal maintenance
• There is limited debt and property

To request a Default Judgment without hearing, complete the Motion And Affidavit for Default (PDF).

If you want to set a default hearing, you must complete the Application and Affidavit of Default (PDF) and file it with the Clerk of the Court. Before filing the Application and Affidavit of Default, you must be sure service of the Petition for Dissolution was complete, and that the other party did not file a written Response or Answer with the court.

At the time you file the Application and Affidavit of Default with the Clerk of the Court, make sure you have two copies of the Application and Affidavit of Default date-stamped by the Clerk. You must mail or hand-deliver one copy to the other party on the day that you filed the Application and Affidavit of Default with the Clerk of the Court. After you have given the other party a copy of the Application and Affidavit of Default you must wait 10 court days.

If the other party still does not file a written Response or Answer in 10 court days, you may be able to request a default hearing date.

To request a default hearing, please submit the Decree Assistance Project Form (link to fillable form). Your case will be reviewed to ensure it meets all requirements and you will be contacted by Conciliation Court to schedule a Default Hearing. After submitting the form, if you are not contacted within five business days, please call 520-866-7387 or 520-866-7349. You must have all of the information listed in the form available if you call.

If a default hearing is set for you, you must completely fill out the paperwork and take your final divorce papers with you to your hearing. Your final divorce paper is called a Decree of Dissolution.

The relief that you asked for in your Petition for Dissolution must be the same as in the Decree of Dissolution. You will also need other documents listed below.

Bring to following papers to your default hearing:

• Dissolution/Legal Separation/Annulment
  • Completed Decree of Dissolution, Legal Separation, or Order of Annulment and 2 copies
• If you have requested Spousal Maintenance:
  • Order of Assignment and 2 copies
• If your case involves children:
  • Parent Information Program Certificate if it has not already been filed
  • Signed Parenting Plan and 2 copies
  • Completed Child Support Worksheet and 2 copies
  • Order of Assignment and 2 copies
  • Completed Judgment Data Sheet
  • Wage information/pay stubs for both parties, and other financial information such as childcare costs, medical insurance premiums, etc.
  • 9- by 12-inch envelope addressed to the other party with 3 standard current postage stamps
  • Copy of any prior Child Support Orders
  • Birth certificates for the children