I am in Arizona and the petitioner in a divorce case. I served my husband with the divorce papers and before his response time was up he asked me to amend my petition and he said he was not going to respond. I amended my petition and as agreed he did not file a response. I filed my application for default after the time had run on the amended petition (I used to work as a paralegal for a family law attorney so I am somewhat familiar with time lines and such). I'm going to motion the court to have the default decree entered without a hearing. Do I have to send my husband a copy of the motion to have the decree entered without a hearing, since he has not filed an appearance in the case? And does my timeline (60 days after service) go by the original service or by the service of the amended petition?
1 Answer from Attorneys
Yes, you do need to provide your husband with a copy of any motion filed before the court, unless there exists extreme circumstance justifying an ex parte petition. The default process can take some time, with the statutory time periods required. By filing a consent decree, you would save both parties time. Without knowing more of the specifics in your case, it is difficult to say which path is best for you. Please feel free to call The Owsley Law Firm, PLLC for a free thirty minute consult (623)-748-8973.
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