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© Superior Court of Arizona in Maricopa County Page 1 of 3 DRD68p-010119
ALL RIGHTS RESERVED
Law Library Resource Center
Instructions and Procedures for a Default Decree
by Motion, without a Hearing
REQUIREMENTS
Sometimes a court hearing is not required to get a default decree. If you meet the following requirements, you
may use this “no hearing” process to request a default decree:
All parties must be legally competent and sane.
The “Summons” and “Petition" were served to the other party, other than by publication
The “Petition” requests to the Court are the same as the requests proposed in the default order.
This means, you cannot use this process if . . .
the responding party was served by publication,
if the other party is insane or incompetent, or
if the other party has filed a response, or made an appearance in the cases, or
the requests to the Court in the proposed default order are not the same as those requested in
the “Petition.”
You must have already filed and mailed to the other party an “Application and Affidavit for Default.” Also, it must
be at least ten (10) court (business) days since you filed and mailed the “Application.”
If you filed for divorce, legal separation or annulment, it must also have been at least 60 calendar days since
service of the “Summons” and “Petition” was completed.
INSTRUCTIONS
Complete the “Motion and Affidavit for Default Decree without a Hearing”
1. Complete the top part of the page with your personal information, name of parties, and case number.
2. On the upper page right, mark the box that describes the kind of court order you are requesting (i.e. divorce,
annulment, etc.)
3. SECTION A:
Read the information carefully.
Mark the boxes in front of the statements that are true.
4. SECTION B: (To be completed only by parties seeking a decree of dissolution, legal separation, or
annulment)
Mark the boxes that best apply to your situation.
NOTE: ATTACHMENTS. If you marked a box next to a statement that requires an “attachment”, be sure
to attach the required document at the end of the original “Motion and Affidavit for Default Decree
without a Hearing.” If you are missing an attachment or any required document, your case could be
rescheduled for a hearing, which extends the process and delays your decree or court order.
5. SECTION C: (To be completed only by parties seeking a judgment of paternity/maternity, and/or legal
decision-making, parenting time or child support.)
Mark the boxes that best apply to your situation.
If the statement next to the box asks for an explanation, write it clearly in black ink.
NOTE: ATTACHMENTS. If you marked a box next to a statement that requires an “attachment”, be sure
to attach the required document at the end of the original “Motion and Affidavit for Default Decree
without a Hearing.” If you are missing an attachment or any required document, your case could be
rescheduled for a hearing, which extends the process and delays your decree or court order.
© Superior Court of Arizona in Maricopa County Page 2 of 3 DRD68p-010119
ALL RIGHTS RESERVED
6. SECTION D: To be completed if it applies to you.
NOTE: ATTACHMENTS. If you marked a box next to a statement that requires an “attachment”, be sure to
attach the required document at the end of the original “Motion and Affidavit for Default Decree without a
Hearing.” If you are missing an attachment or any required document, your case could be rescheduled for a
hearing, which extends the process and delays your decree or court order.
7. OATH or Affirmation: Sign and date this in front of the Clerk of Superior Court or Notary, with a picture
identification.
8. COPY: Make two copies of the original “Motion and Affidavit for Default Decree without a Hearing,” with
ALL the REQUIRED ATTACHMENTS.
Complete the Default Decree / Judge / Order
1. See the instructions in this packet to complete the Default Decree / Judgment / Order.
2. If children are involved, there will be additional forms to complete, such as a Parenting Plan, Child Support
Worksheet, and Child Support Order. See additional instructions in this packet.
3. COPY:
Make two (2) copies of the original “Decree / Judge / Order”, plus attachments and any addition required
forms.
Note: If you are missing an attachment or any required form, your case could be rescheduled for a
hearing, which extends the process and delays your decree or court order.
PROCEDURES
1. FILE the original “Motion and Affidavit for Default Decree without a Hearing,” with ALL the REQUIRED
ATTACHMENTS, and two copies with all the attachments at one of the following Clerk of Superior Court
locations.
The Clerk of Superior Court will keep the original "Motion” and all the attachments, as well as date-
stamp the copy, and return both copies to you.
Central Court Building
201 West Jefferson, 1
st
floor
Phoenix, Arizona 85003
Southeast Court Complex
222 East Javelina Avenue, 1st floor
Mesa, Arizona 85210
Northwest Court Complex
14264 West Tierra Buena Lane
Surprise, Arizona 85374
Northeast Court Complex
18380 North 40
th
Street
Phoenix, Arizona 85032
After completing instructions above, you are ready to complete the Decree/Order, also in this packet.
However, BEFORE YOU REQUEST Default Decree by Motion Without A Hearing, CHECK TO BE SURE
THAT YOU:
Properly served the “Petition”, Summons and other papers to other party and filed the proof of
service. (Service cannot be done by publication if you are using this method (without a hearing)),
AND
Completed and filed the “Application and Affidavit for Default,” with ALL the REQUIRED
ATTACHMENTS and mailed a copy to the other party; AND
IF the other party is on active duty in the United State Military, you completed and notarized “Service
Member Civil Relief Act Waiver”, AND
Waited at least 61 days after the completion of service, if you filed for divorce, legal separation or
annulment.
© Superior Court of Arizona in Maricopa County Page 3 of 3 DRD68p-010119
ALL RIGHTS RESERVED
2. HAND-DELIVER OR MAIL the following documents as indicated below to the Family Department:
One (1) file-stamped copy of the “Motion and Affidavit for Default Decree without a Hearing” with all
attachments.
The original and two (2) copies of the “Decree / Judge / Order” and related forms and attachments for
signature by the Judge.
Two (2) 9" x 12" envelopes with sufficient postage, one addressed to you, and one addressed to the
other party.
Central Court Building
201 West Jefferson, 3
rd
floor
Phoenix, Arizona 85003
(To Family Department )
Southeast Court Complex
222 East Javelina Avenue, 1st floor
Mesa, Arizona 85210
(To Family Department)
Northwest Court Complex
14264 West Tierra Buena Lane
Surprise, Arizona 85374
(To Family Department)
Northeast Court Complex
18380 North 40
th
Street
Phoenix, Arizona 85032
(To Family Department)
3. WAIT. There is a review process upon receipt of your paperwork. This process can take as long as 4-6
weeks. You can call Family Department: (602) 372-3332 between the hours of 8:00 a.m. and 5:00 p.m. to
check on the status of your case. Please wait at least four (4) weeks before checking the status.
The Judge will review your file and the documents you have submitted.
If the Judge determines that everything is in order they will sign the final decree. The Clerk will file-
stamp your copies and they will be mailed to you and the other party in the envelopes you have
provided.
If the Judge finds anything wrong with your court file or paperwork, your documents will be returned
to you in the envelope you have provided along with a coversheet describing the deficiency and in
most cases how it can be corrected.
Common reasons why your paperwork may be rejected:
Incomplete: The “Decree” was not fully completed.
o Not all applicable boxes were marked.
o An explanation(s) was missing
o An attachment(s) was missing
Different Requests: Items asked for in the “Decree” were not the same as the items asked for in the
“Petition.”
Missing Documents: The original “Decree” and copies were not submitted with the “Motion and
Affidavit for Default Decree without Hearing”.
Overlooked “True” Statements: You did not mark all boxes on the “Motion and Affidavit for Default
Decree without Hearing” as true statements.
No notarized Waiver: Did not provide a notarized “Service Members Civil Relief Act Waiver.”
Arizona Rules of Family Law Procedure (ARFLP), Rule 44.1, allows for application for a default decree
without hearing in Family cases for divorce, legal separation, annulment, maternity or paternity, money
judgments, attorney fees, and spousal maintenance, but be WARNED:
There are special legal requirements involved in qualifying for an annulment, and a default
decree with no hearing.
If your court papers do not fully explain how you meet those requirements, it could result in your
case being delayed or dismissed.
Consulting an experienced attorney about whether your situation and your papers indicate you
qualify for an annulment or a default decree, may help you to avoid unnecessary expense, delay,
and disappointment.
© Superior Court of Arizona in Maricopa County Page 1 of 6 DRD68f-010119
ALL RIGHTS RESERVED
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
In the Marriage of
Case No.
MOTION AND AFFIDAVIT FOR
DEFAULT DECREE WITHOUT HEARING
for:
DISSOLUTION OF MARRIAGE (Divorce)
LEGAL SEPARATION
ANNULMENT
MATERNITY/PATERNITY
ESTABLISH LEGAL DECISION-MAKING /
PARENTING TIME / CHILD SUPPORT
Name of Petitioner / Party A
and
A.R.F.L.P. 44.1
Name of Respondent / Party B
I am the Petitioner / Party A and I am asking the Court to enter a “Decree” of Dissolution of
Marriage,” “Legal Separation,” “Annulment,” or “Maternity/Paternity,” or an “Order”
establishing legal-decision-making by default without a court hearing.
SECTION A:
I have marked each box in front of the statements below that are true and I understand that if any
statement is not true, I cannot get a default decree without a hearing.
I have read this “Motion and Affidavit for Default Decree without a Court Hearing” and to the best
of my knowledge everything I said is true.
I have paid the filing and service fees or the filing and service fees were waived or deferred. A copy of
the receipt showing payment or a copy of the Order showing that the fees were waived or deferred is
attached.
To the best of my knowledge, both Party A and Party B are competent and sane at this time (even if
“legal incompetence” or “insanity” at the time of the marriage is listed as a ground for an annulment).
FOR CLERK’S USE ONLY
Case No.
© Superior Court of Arizona in Maricopa County Page 2 of 6 DRD68f-010119
ALL RIGHTS RESERVED
At least 60 days have passed since the other Party (Respondent) was served with the dissolution, legal
separation, or annulment papers. OR my case is to establish maternity/paternity and/or legal decision-
making / parenting time / child support and there is no 60 day waiting period.
Service was not done by publication.
Party B has not made an appearance in this matter or filed a “Response.” I filed the “Application and
Affidavit for Default” and Default has been entered against the other Party.
At the time this action was filed, Party A or Party B was domiciled in Arizona or was stationed in Arizona
while a member of the United States Armed Forces. If this is an action for dissolution of marriage
(divorce) or annulment, Party A or Party B was domiciled or stationed in Arizona for more than 90 days,
at the time the Petition was filed.
My case does not involve a member of the military waiving service OR - I have submitted a notarized
“Service Members Civil Relief Act Waiver” completed by the other party.
SECTION B.
I am requesting Judgment of DISSOLUTION, LEGAL SEPARATION, or ANNULMENT.
YES - If YES, answer each question below.
NO - If NO, skip to Section C.
Conciliation Services provisions have been met since the filing of the Petition, or the provisions
do not apply. This must be true to proceed. (A.R.S. § 25-381.09).
Covenant Marriage: Our marriage IS or IS NOT a covenant marriage.
Pregnancy: Neither party Party A Party B is pregnant with a child common to the
parties.
Choose only one that applies:
If seeking divorce, the marriage is irretrievably broken.
If seeking legal separation, the parties desire to live separate and apart.
If seeking annulment, a condition exists which renders the marriage void or voidable.
Case No.
© Superior Court of Arizona in Maricopa County Page 3 of 6 DRD68f-010119
ALL RIGHTS RESERVED
Spousal Maintenance: (choose only one)
Party A or Party B has made a claim for spousal maintenance/support and Form 6 “(Default
Information for Spousal Maintenance”) is attached to this Motion and Affidavit.
Party A or Party B has NOT made a claim for spousal maintenance/support, and the claim
is deemed waived by both parties.
Property and Debt: (choose all that apply)
There was no property or debt obtained during the marriage.
Does not apply because (explain):
All of the allegations, including those concerning property and debts listed in the “Petition”
were true at the time filed and remain true as of the date of the filing of this motion and
affidavit, OR any changes are explained below:
I attached a list of all community property and debt (obtained or incurred during the
marriage), including personal property, motor vehicles, bank accounts, retirement assets,
life insurance, real property, including the value and the party to whom the property or
debt is to be awarded. The attached list also includes any requests for the award of sole
and separate property and debt.
Everything in the “Petition for Dissolution of Marriage,” “Legal Separation,” or for
“Annulment,” concerning who gets the property and who pays the bills/debts is fair and
reasonable.
I have requested reasonable attorney fees and support for this request is attached to this Motion
and Affidavit.
Same as Petition: The requests in this form and relief to be awarded in the “Decree” are the same
as the relief I requested in the underlying “Petition,” OR if the relief to be awarded is different, it
has been approved by both parties, as reflected in a notarized statement from the other party, or a
“Decree” containing the notarized signatures of both parties. This must be true to proceed.
Case No.
© Superior Court of Arizona in Maricopa County Page 4 of 6 DRD68f-010119
ALL RIGHTS RESERVED
SECTION C.
I am requesting a Judgment of MATERNITY or PATERNITY and/or an Order for LEGAL
DECISION-MAKING / PARENTING TIME / CHILD SUPPORT.
YES - If YES, answer each question below.
NO - If NO, skip to Section D.
The name and date of birth of each child is:
Name: Date of Birth:
Name: Date of Birth:
Name: Date of Birth:
Name: Date of Birth:
Name: Date of Birth:
The factual basis for the finding of maternity / paternity is:
The child(ren) live with:
Length of Residence: The child has lived in Arizona for at least six (6) months before the filing of the
Petition or is less than six (6) months old and has lived in Arizona since birth.
There are no proceedings involving the child that are pending in another jurisdiction. OR
There are other proceedings involving the child that are pending in another jurisdiction and I have
listed the court name(s) and case number(s) below:
Court Name(s)
Case Number(s)
There are no proceedings involving the child that are pending in another court. OR
There are other proceedings involving the child that are pending in other courts and I have listed
the court name(s) and case number(s) below:
Court Name(s)
Case Number(s)
Case No.
© Superior Court of Arizona in Maricopa County Page 5 of 6 DRD68f-010119
ALL RIGHTS RESERVED
State of Arizona Request:
Does not apply. OR
The State of Arizona has requested the default judgment of paternity. The factual basis for the
finding of paternity is described above.
Child Support:
I have attached the required Child Support Worksheet. Child Support is based on the following:
The Arizona Child Support Guidelines OR
A deviation from the Arizona Child Support Guidelines because:
Other: __________________________________________________________________
The basis for determining the gross income of the defaulting party is:
SECTION D:
Attorney Fees: I have attached an itemized bill for a reasonable amount of attorney fees to support this
request.
Money Judgment(s): I have attached the calculations to establish the sum of requested money to support
this request.
Other requested relief. I have attached the following document, to establish the facts supporting the
request: __________________________________________________________________________
Case No.
© Superior Court of Arizona in Maricopa County Page 6 of 6 DRD68f-010119
ALL RIGHTS RESERVED
OATH OR AFFIRMATION AND VERIFICATION
I swear or affirm that the information on this document is true and correct under penalty of perjury.
Signature Date
STATE OF
COUNTY OF
Subscribed and sworn to or affirmed before me this: by
(Date)
.
(Notary seal) Deputy Clerk of Court or Notary Public
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