Legal Question in Family Law in Arizona
Divorce when the other party won't respond
I have filed for a petition for dissolution of marriage with children and asked for joint custody. My husband will not respond or do anything to move the process along. I want to file for default, but since I haved asked for joint custody I can't unless he signs a parenting plan and he won't. How do I amend my petition to ask for sole custody?
2 Answers from Attorneys
Re: Divorce when the other party won't respond
You must simply copy your entire first petition, change the language, and add the words "First Amended" before the word "Petition". You then MUST serve your Husband again with the new Petition. You cannot simply mail it to him like another response suggests.
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Re: Divorce when the other party won't respond
File a motion with the Court setting out the facts just as you have in your posted question. A suggested heading could be AMENDED PETITION FOR DISSOLUTION. Make sure he receives a copy, in person or via return receipt mail. Use this new service date to calculate when you can file for default. He may respond and you could still agree to joint plan if appropriate, otherwise you�re ready to end the marriage without his input. Good luck.