In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.
Did you receive a letter? Visit the DCS letter page for more information.
How can I get a default decree signed by the court?
If a response to your separation petition is not filed, you may be able to get separated by default. You may file paperwork to ask for a default legal separation if the other person has not filed a written response after 60 days of being served the separation petition. On day 61, you may complete the application and affidavit of default, then file those documents with the court. You must be sure service of the petition was complete, and that the other person did not file a written response or answer with the court.
At the time you file the petition and affidavit of default with the court, make sure you have 2 copies of the application and affidavit of default date-stamped by the clerk. You must mail or hand-deliver one copy to the other person (and their attorney, if they have one) the day that you filed the application and affidavit of default with the court. After you have given the other person a copy of the application and affidavit of default you must wait 10 business days.
If the other person still does not file a written response or answer in 10 business days, you may be able request a default hearing date. If granted the court will review your paperwork and schedule a hearing date. At the hearing you will be asked about your situation and items on the petition. The judge decides to grant or reject your separation decree.
Resources:
Arizona State Legal Separation Forms
Arizona Fee Waiver and Deferral Forms
Find My Court - Arizona Superior Court Locations
Arizona divorce or legal separation flowchart