Legal Question in Family Law in Arizona
Default hearing for divorce.
I filed for divorce. I am the petitioner. My wife and I are in total agreement. I served her and she signed the acceptance papers. I don't have 256.00 more dollars to file the consent decree. What will happen if we file for a default hearing. Will this make her look bad not responding. I don't know what to do now.
1 Answer from Attorneys
Re: Default hearing for divorce.
A default doesn't "look bad," but it might affect the rights of the Respondent (since she would not be involved in the default/hearing). If your intentions are to proceed by default, you should consider preparing a settlement agreement addressing all of the issues, have both of you sign it, and then attach it to your decree so the court knows that there have been agreements.
Another option is to apply for a deferral or waiver of the filing fee. The court has the discretion to allow a party to make payments toward his/her legal fees (or to waive the fee entirely) depending on the financial circumstances. The forms to request a waiver are available at the court house.