Legal Question in Family Law in Arizona

Once the application for default is filed, a period of time must pass before the matter can be set for a default hearing. The time period is 60 days. If you choose not to file a response during that period and fail to appear at the default hearing, you run the risk of the Court granting to the Petitioner all the relief requested in the Petition. You say that you are happy with what the "papers" say, however, if children are involved, by failing to appear you are running the risk that the Court may deviate from the Petition and award less custody / parenting time than the Petition suggests. If children are involved, you may also run the risk of the Court entering wrong information as to your income which could substantially increase the amount of child support you should actually be paying.

I hope this information is of help. If you desire further advisement please call our firm to set up a free initial consultation.

If you allow the matter to proceed by default, then she can have a Judge sign a Decree that gives her everything she wants, so long as it is consistent with her Decree. If her initial Petition was VERY specific, then perhaps this is ok. If it was rather general, then this can be very dangerous.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

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see our website at www.familylawaz.com