What is a default?

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

If the Defendant who is served personally with the summons and Complaint fails to file an Answer with the court and the Plaintiff?s attorney within thirty days, the Plaintiff may ask the court to grant the relief requested in the complaint. This is referred to as a Default Divorce. Rule 55, Alabama Rules of Civil Procedure.

ALASKA

If the Respondent does not answer the Summons and Petition within 30 days after Respondent has been personally served, the court may grant the relief requested by Petitioner as a default. If the present residence of the Respondent is unknown to the Petitioner, the Petitioner is able to file a Petition for Dissolution pursuant to the expedited procedure and allege to the court that reasonable efforts have not been successful in locating the absent Respondent. The Petitioner can then obtain a dissolution and other relief provided by law. Rule 55, Alaska Rules of Court; AS 25.24.200.

ARIZONA

Arizona Rules of Civil Procedure also provide for a default hearing for a simplified dissolution proceeding. After a dissolution Petition has been filed, a decree may be entered upon motions supported by the affidavit of either or both parties providing the following: 1) there are no minor children; 2) neither party has any interest in real estate; 3) the parties waive any right to spousal maintenance; 4) any outstanding debts are less than $10,000; 5) the total fair market value of community personal property is less than $15,000. The supporting affidavit shall also state that the jurisdictional requirements have been met and t...

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