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Motion And Affidavit For Default Decree Without Court Hearing DRD68f - Arizona
| Motion And Affidavit For Default Decree Without Court Hearing Form. This is a Arizona form and can be used in Family Law Superior Court Maricopa Local County . |
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Name of Person Filing: Address: City, State, Zip code: Telephone Number: Representing Self (Without a Lawyer) OR Attorney for Petitioner OR Respondent 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. 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. ©Superior Court of Arizona in Maricopa County ALL RIGHTS RESERVED DRD68f-092711 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Case No. 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 a NOTARIZED Service Members Civil Relief Act Waiver completed by the other party (if applicable). 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. Certificate of Mailing A copy of this document was mailed to the other party on: Month / Date / Year At the following address: 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 of Signer Sworn to or Affirmed before me this: My Commission expires: Date (or Seal, below) Deputy Clerk of Court or Notary Public ©Superior Court of Arizona in Maricopa County ALL RIGHTS RESERVED DRD68f-092711 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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