Legal Question in Family Law in Arizona
in az if an affidavit and application for default hearing was filed and the petitioner doesn't mail the application to the respondent for a month, thereby failing to allow the respondent to file any response, what can be done to dismiss the case and start over? the application is signed and sworn by the petitioner that he mailed the application to respondent the same day, and the time limit is 10 days for petitoner to respond. what needs to be filed with the court letting them know it was not mailed in spite of the sworn affidavit that it was?
1 Answer from Attorneys
You can and should IMMEDIATELY file a Motion to Set Aside the default Decree.
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
facsimile 602-254-1229
see our website at www.familylawaz.com
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