A default divorce is what happens when one spouse files a divorce petition and the other spouse doesn't respond within the required time. In Arizona, this path is straightforward but unforgiving of errors — miss a step in the service process and the whole case can unravel months down the line. Done correctly, a default divorce is one of the faster ways to end a marriage in Arizona.
What a default divorce is (and isn't)
A default divorce is a specific legal procedure under Arizona Rules of Family Law Procedure Rule 44, not a separate kind of divorce. The underlying case is still a regular dissolution of marriage. The only difference is that one spouse has dropped out of the process, so the court decides based on what the filing spouse has asked for.
Default divorces are most useful when:
- Your spouse cannot be located after diligent search
- Your spouse can be found but refuses to participate or sign anything
- Your spouse has moved out of state, cut off contact, and shown no interest in the divorce
- You expect no dispute about property, custody, or support and just need the divorce finalized
Default divorces are not typically a shortcut when both spouses want an amicable divorce. In that situation, a Consent Decree (where both sign) is usually faster and cleaner.
The full default divorce timeline
| Step | Time | What happens |
|---|---|---|
| 1. File Petition | Day 0 | File Petition for Dissolution of Marriage, pay filing fee ($349 in most counties) |
| 2. Serve spouse | Days 1–15 | Process server, sheriff, or certified mail delivers the petition and summons |
| 3. Response window | 20 days (30 if out of state) | Your spouse has this period to file a Response |
| 4. Application for Default | Day 20 or 30 | File Application and Affidavit for Default with the court |
| 5. Additional 10-day notice | Days 30–40 (or 40–50) | Your spouse has one more chance to respond |
| 6. Default hearing or decree | Day 60 or later | Mandatory 60-day waiting period from service ends; court can enter decree |
The earliest a default divorce can be finalized is 60 days from the date of service, because Arizona has a mandatory cooling-off period. In practice, most default divorces finalize in 90–120 days.
Step 1: Filing the petition
The petition is filed in the Superior Court of the Arizona county where you've lived for at least 90 days. The petition must include:
- A statement that the marriage is irretrievably broken (for standard marriages) or that statutory grounds exist (for covenant marriages)
- A statement that at least one spouse has been an Arizona resident for 90 days
- Information about children, if any
- What you're asking the court to order — property division, custody, support, spousal maintenance
Be specific and reasonable in what you ask for. Courts scrutinize default decrees more than stipulated ones, and unreasonable requests get denied.
Step 2: Service is everything
If service is defective, the default divorce collapses. Every shortcut you take here risks the whole case. Arizona allows these methods:
Step 3: The waiting period
After service is completed, the response clock starts. Your spouse has:
- 20 days if served within Arizona
- 30 days if served in another state
- 60 days if served outside the United States (under the Hague Convention)
If you served by publication, the response period starts after the final publication date, not the first.
Step 4: Application for Default
If the response period passes with nothing filed, you submit an Application and Affidavit for Default. This is not optional — you can't just skip to requesting a decree. The Application:
- Confirms service was proper
- Confirms the response period passed without a response
- Gives your spouse formal notice that default is about to enter
After filing the Application, your spouse has 10 more days to file a Response before default actually enters. If they do respond in those 10 days, the case converts to a regular contested divorce.
Step 5: Entering the default and getting the decree
Once the 10-day Application period passes, you can:
- Request entry of default — the clerk enters a formal notation that your spouse has defaulted
- Submit a proposed decree with your requested terms, OR
- Request a default hearing where you testify briefly about the case and the judge reviews your proposed terms
Most Arizona counties require a hearing for cases involving children, spousal maintenance, or significant property. Simple property-only default divorces can sometimes proceed on paperwork alone.
Remember: the mandatory 60-day waiting period from date of service has to have passed before any decree can be entered.
What the court will approve in a default
Courts do not rubber-stamp default decrees. The judge reviews whether your requests are reasonable and lawful. In particular:
- Child support must follow the Arizona Child Support Guidelines — the court will calculate it regardless of what you propose
- Custody orders must be in the child's best interests under A.R.S. § 25-403
- Property division must be roughly equitable given Arizona's community property framework — you generally cannot take everything in a default
- Spousal maintenance must be supported by the statutory factors in A.R.S. § 25-319
If you ask for something the judge considers unreasonable, they can deny that specific request while still granting the divorce on other terms.
Common reasons default divorces go wrong
- Defective service. Process server didn't complete paperwork, certified mail was signed by the wrong person, publication didn't run the required weeks. This is the #1 cause of case restarts.
- Wrong response period calculation. Filing the Application for Default too early (before the 20 or 30 days have run) can invalidate the default.
- Requesting too much. Asking for 100% of assets, unreasonable spousal maintenance, or unilateral custody typically gets denied.
- Skipping the 10-day Application period. You cannot request a decree the day the response window closes; the Application has its own 10-day clock.
- Ignoring the 60-day waiting period. Arizona's mandatory cooling-off period applies even in default cases.
If your spouse shows up late
Arizona Rules of Family Law Procedure Rule 44 allows a defaulted party to ask the court to set aside the default. They must file a Motion to Set Aside and show good cause — typically that they have a meritorious defense and that their failure to respond was due to mistake, surprise, or excusable neglect.
Courts sometimes grant this, especially early in the process. Once a final decree has entered, it's much harder. If your spouse tries to reopen months after the decree, they'll usually lose.
Frequently asked questions
How much does a default divorce cost in Arizona?
The court filing fee is $349 in most Arizona counties. Process service runs $75–$150. Service by publication adds $150–$400 in newspaper fees. Attorney fees vary widely; a limited-scope attorney might charge $1,500–$3,000 for a straightforward default.
Can I do a default divorce myself?
Yes. Arizona Superior Courts have self-service centers with forms and step-by-step instructions. The riskiest steps are service and the default application — mistakes here often don't become apparent until months later, and then require restart. Many people consult an attorney for just those steps.
What if I can't find my spouse at all?
File a motion for alternative service by publication. You'll need to swear out an affidavit of diligent search — listing everywhere you looked. The court must approve this before publication, and publication runs for four consecutive weeks. It adds 60–90 days to the timeline but makes divorce possible when a spouse has disappeared.
Does a default divorce look bad on my record?
No. A default divorce is just an ordinary divorce decree. It doesn't show up any differently in public records, and it has no effect on credit, employment, or anything else.
Can my spouse appeal a default divorce?
In theory. In practice, it's very hard unless they can show improper service or were served but prevented from responding by something outside their control. Once the Motion to Set Aside window closes, it's effectively final.