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Motion And Affidavit For Default Divorce Without Court Hearing Form. This is a Arizona form and can be use in Maricopa Local County.
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Tags: Motion And Affidavit For Default Divorce Without Court Hearing, DRDA62f, Arizona Local County, Maricopa
Name of Person Filing:
Address:
City, State, Zip code:
Telephone Number:
Self (Without a Lawyer) OR
Representing
Petitioner OR
Respondent
Attorney for
FOR CLERK’S USE ONLY
SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
In the Marriage of
Case No.
MOTION AND AFFIDAVIT FOR DEFAULT
DECREE WITHOUT HEARING
Name of Petitioner
and
(in cases without children) for
DISSOLUTION OF MARRIAGE (Divorce)
LEGAL SEPARATION
A.R.F.L.P. 44 (B)(1)(b)
Name of Respondent
I am the Petitioner and I am asking the court to enter a “Decree of Dissolution of Marriage” or of “Legal
Separation”, by default without a Court hearing. I have put a check mark in 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 have said is true.
I have paid the filing and service fees or the filing and service fees have been waived or deferred. A copy
of the receipt showing payment or a copy of the Order showing that the fees have been waived or deferred
is attached.
To the best of my knowledge, both Petitioner and Respondent are competent and sane.
At least 60 days have passed since the Respondent was served with the dissolution or legal separation
papers. Service was not done by publication.
The Respondent has not made an appearance in this matter or filed a “Response.” I have filed the
“Application for Default” and Default has been entered against the Respondent.
At the time this action was filed, the Petitioner or the Respondent 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), the Petitioner or the Respondent was domiciled or stationed in Arizona for more
than 90 days.
Conciliation Services provisions have been met since the filing of the Petition for Dissolution of Marriage or
the provisions do not apply. (A.R.S. 25-381.09).
The marriage is irretrievably broken, or if for legal separation, the parties desire to live separate
and apart.
DRDA62f
©Superior Court of Arizona in Maricopa County
July 30, 2008
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Use Current Version
ALL RIGHTS RESERVED
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Case No.
There are no minor children, common to the parties, who were born before or during the marriage,
or who were adopted by the parties during the marriage. The wife, to my knowledge, is not
pregnant.
Neither Petitioner nor Respondent has made a claim for spousal maintenance/support. A claim
for spousal maintenance/support is deemed waived by both parties.
All of the allegations, including those concerning property and debts listed in the “Petition” for
“Dissolution of Marriage” or for “Legal Separation” 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:
Everything in the “Petition for Dissolution of Marriage” or for “Legal Separation” concerning
who gets the property and who pays the bills/debts is fair and reasonable. If applicable, attorney
fees are itemized on the paper attached to this Motion and Affidavit.
The relief to be awarded in the “Decree of Dissolution of Marriage” or for “Legal Separation”
is 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 the “Decree of Dissolution of
Marriage” or for “Legal Separation”, and signed by both parties.
I have submitted along with this Motion and Affidavit, two (2) self-addressed stamped envelopes,
one addressed to me and one addressed to my spouse, with enough postage for the Court to mail
a copy of the Decree.
Therefore, I request this court to sign the attached Decree.
OATH OR AFFIRMATION
I swear or affirm that the information on this document is true and correct under penalty of perjury.
Signature
Date
Printed Name
My Commission expires:
(or Seal, below)
Deputy Clerk or Notary
DRDA62f
©Superior Court of Arizona in Maricopa County
July 30, 2008
ALL RIGHTS RESERVED
Page 2 of 2
Use Current Version
American LegalNet, Inc.
www.FormsWorkflow.com