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1. What is a 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.

2. How can I get a default hearing?

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. The Application and Affidavit of Default can also be found on the Clerk of the Superior Court website, under the Family Law section.

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 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, call 520-866-5760.

3. What should I take with me to the default hearing?

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
• If you have requested Spousal Maintenance:
  • Order of Assignment
• 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 certificate for the children if born prior to the marriage