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  1. #1

    Default Dissolution by Default

    My question involves a marriage in the state of: Arizona

    In the worst case scenario of a dissolution by default, how long will the entire divorce process take if the respondent does nothing from the time of receiving the documents via certified and registered mail? The court has copies of those documents which were signed by the respondent before the mailing. A clerk of the court said that that shouldn't matter though.

  2. #2
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    Default Re: Dissolution by Default

    In the worst case? The plaintiff flubs filing dates or other procedural requirements, the case gets dismissed and they have to start over.

    If service has been properly effected and reported to the court, no children are involved and assuming this is not a covenant marriage, the court can hold a hearing on the divorce once the sixty day cooling off period expires. If no court date has been scheduled, the plaintiff can inquire with the clerk about how to get one on the calendar, substantiate grounds for divorce and a basis for the proposed judgment of divorce at the hearing, and submit a proposed order on or after that date, consistent with the court's findings. If children are involved it becomes more complicated.

  3. #3
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    Default Re: Dissolution by Default

    That assumes service is promptly made and that the petitioner promptly files the Application for Entry of Default. The respondent has until the Default Effective Date to make an appearance and enter a response. As for getting on the Calendar, the clerk will tell the party which office to contact. The clerk WILL NOT tell parties how to substantiate grounds for divorce or basis for proposed judgment as our courts have determined that doing so is considered giving legal advice, which the state constitution forbids.

  4. #4
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    Default Re: Dissolution by Default

    That's correct, and I didn't mean to be unclear - assuming the petitioner files the appropriate documentation but is not clear on how to schedule a hearing date, the clerk should be able to help clear up the court's procedure for scheduling the hearing date - but the clerk will not give legal advice or explain how to file or prosecute the case.

    - - - Updated - - -

    That's correct, and I didn't mean to be unclear - assuming the petitioner files the appropriate documentation but is not clear on how to schedule a hearing date, the clerk should be able to help clear up the court's procedure for scheduling the hearing date - but the clerk will not give legal advice or explain how to file or prosecute the case.

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