Rule 44.1.Default Decree or Judgment by Motion and Without a Hearing

Part V. Default Decree and Consent Decree, Judgment, or Order; Dismissal · Last amended January 1, 2025 · Last verified September 4, 2026

In one sentenceRule 44.1 lets the court enter a default decree or judgment on the papers without a hearing, lists the three situations where a hearing is required anyway, and puts the court itself on a 21-day or 81-day clock.

Full Text of Rule 44.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Generally. The court may enter a default judgment based on documents in the court's file, on motion and without the parties appearing at a hearing, in the circumstances described in this rule. However,

(1) the court may not enter a default judgment without a hearing that is different from what the petition requested, or for amounts greater than requested in the petition, unless the parties have entered into a written separation agreement under A.R.S. § 25-317;

(2) the court may not enter a default judgment without a hearing if the party in default is a minor or an incompetent person; and

(3) the court may not enter a default judgment without a hearing if the party in default was served by publication.

(b) Decree of Dissolution, Annulment, or Separation

(1) Generally. The court may enter a decree of dissolution, annulment, or legal separation on motion without a hearing.

(2) Affidavit. A party requesting a decree without a hearing must include affidavits from one or both spouses with their motion. The affidavit must state facts showing:

(A) jurisdictional requirements have been met;

(B) conciliation provisions of A.R.S. § 25-381.09 have been met or do not apply; and

(3) Appearance. A default decree by motion is not available if the other party has appeared, unless the parties have agreed that the matter may proceed as if by default.

(4) Acting on the Motion. The Court must act on the motion in a timely manner as provided by this subpart.

(A) For petitions for dissolution or legal separation, the court must notify the appearing parties that the motion has been set for hearing or rule on the motion no later than:

(i) 21 days after the filing date of the motion if the motion was filed 60 days or more after the effective date of service of the petition; or

(ii) 81 days after the effective date of service of the petition if the motion was filed less than 60 days after the effective date of service.

(B) For petitions for annulment, the court must notify the appearing parties that the motion has been set for hearing or rule on the motion no later than 21 days after the filing date of the motion.

(1) Generally. The court may enter a judgment establishing maternity or paternity, and orders regarding legal decision-making and parenting time, on motion and with an affidavit of the State, the mother, or the father.

(2) Affidavit.

(A) The affidavit must state facts showing that jurisdictional requirements have been met and that a default order is appropriate under A.R.S. § 25-813.

(i) If the State requests the default judgment, an affidavit of the mother or the father must establish the factual basis for the finding of paternity.

(ii) If the petition requests entry of an order for current and past support, a child support worksheet that establishes the amounts requested must accompany the motion; and an affidavit must state the basis for determining the gross income of the defaulting parent.

(iii) The affidavit must state facts substantiating any other requested relief.

(3) Acting on the Motion. The court must notify the appearing parties that the motion has been set for hearing or rule on the motion no later than 21 days after the filing date of the motion.

(d) Money Judgments and Attorney Fees.

(1) Generally. If a claim is for a certain sum of money or for a sum of money that can be determined by computation, other than child support, spousal maintenance, or attorney fees, the court may enter judgment on motion with an affidavit and other documentation that establishes the amount due.

(2) Attorney Fees. If the claim for a money judgment requests an award of attorney fees, the judgment may include such an award, if the law allows an award and an affidavit establishes a reasonable amount. When the claim includes a specific amount of attorney fees if the court enters a default judgment, the award may not exceed the amount demanded.

(3) Acting on the Motion. Unless Rule 44.1(b)(4)(A) applies, the court must notify the appearing parties that the motion has been set for hearing or rule on the motion no later than 21 days after the filing date of the motion.

(e) When Children are Involved or a Party is Pregnant. When the parties have children in common or a party is pregnant, the default decree must include the following:

(1) whether either party is pregnant with a child common to the parties;

(2) provisions for legal decision-making and parenting time, either within the default decree or by a separate parenting plan;

(3) if the court finds that it is in the children's best interests for an Education Order to be issued, an “Education Order” substantially in conformity with Rule 97, Form 19 or Form 20, as appropriate;

(4) a child support order supported by a child support worksheet, but if a party requests any deviation in the child support amount, the default decree or child support order must state the basis for deviation under the child support guidelines;

(5) if either party is receiving benefits under Temporary Assistance for Needy Families (TANF) or the Title IV-D program, the parties must attach to the default decree the Attorney General's written approval of any specified child support amount;

(6) a copy of the filing parent's certificate of completion of the parent information program, if it has not already been filed with the court;

(7) a completed income withholding order, including the current employer information sheet;

(8) if the parties are requesting joint legal decision-making, a statement as to whether domestic violence has occurred, and the extent of any such violence; and

(9) for a paternity or maternity action, the identities of the natural mother and father and anyone who has lawful status as a parent or custodian of a child, including the court case conferring that status if it is not the current case.

(f) Spousal Maintenance. If a party requests spousal maintenance and chooses to proceed by motion without a hearing, the party must file a form substantially similar to Form 6, Rule 97, Default Information for Spousal Maintenance, with the Rule 44 application for default. The party must file separately the Spousal Maintenance Calculator Worksheet that specifies the requested amount and duration.

(g) Informing Defaulted Party. If a decree or judgment is entered by default, except in those cases resulting in default after service by publication, the party obtaining the decree or judgment must certify on the decree or judgment that, within 3 days of the party's receipt of the decree or judgment, the party obtaining the decree or judgment will mail a copy of the decree or judgment to the party in default at that party's last known address. Failure to comply with this rule does not affect the validity of the decree or judgment entered or the time to appeal or relieve a party from any obligations set forth in the decree or judgment.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended Aug. 27, 2019, effective Jan. 1, 2020; amended on an emergency basis, effective Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024; amended on an emergency basis Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024; amended on an emergency basis Aug. 24, 2023, effective Jan. 1, 2024, permanently adopted with additional amendments Aug. 22, 2024, effective Jan. 1, 2025.

Editors' Notes

APPLICATION

The Dec. 6, 2023 amendment applies to cases in which the motion, stipulation, decree, judgment, or order is filed or lodged on or after Jan. 1, 2024.

Plain-English Summary

Rule 44.1 is the paper track. Where it applies, a decree can be entered on affidavits and worksheets with nobody appearing in court.

The three exceptions

A default judgment may not be entered without a hearing if it differs from what the petition requested or exceeds the amounts requested -- unless the parties have a written separation agreement under A.R.S. section 25-317 -- or if the party in default is a minor or an incompetent person, or if the party in default was served by publication.

Decrees on affidavit

A dissolution, annulment or legal separation decree may be entered on motion with affidavits from one or both spouses showing that jurisdictional requirements are met, that the conciliation provisions of A.R.S. section 25-381.09 are met or do not apply, and facts supporting the relief requested including any attorney fee award. The paper track is not available if the other party has appeared, unless both have agreed the matter may proceed as if by default.

The court's own deadlines

These run against the court, and Rule 30 collects them. For dissolution or legal separation, the court must set a hearing or rule within 21 days of the motion if the motion was filed 60 days or more after service -- or within 81 days of service if the motion came earlier. The 81-day figure is the 60-day statutory waiting period plus 21. For annulment, and for maternity or paternity judgments, the deadline is 21 days from filing.

Paternity, money, and fees

A maternity or paternity judgment with legal decision-making and parenting time orders may be entered on an affidavit of the State, the mother or the father. If the State requests it, an affidavit of a parent must establish the factual basis for the paternity finding. A request for current and past support needs a child support worksheet plus an affidavit stating the basis for the defaulting parent's gross income.

A sum certain -- other than child support, spousal maintenance or attorney fees -- may be entered on affidavit. Attorney fees may be included if the law allows them and an affidavit establishes a reasonable amount, but where the claim specified an amount, the award may not exceed the amount demanded.

Children, and the notice at the end

Where the parties have children in common or a party is pregnant, the decree must address pregnancy, legal decision-making and parenting time or a parenting plan, an Education Order if the court finds one in the children's best interests, a child support order with a worksheet and a stated basis for any deviation, TANF or Title IV-D approval from the Attorney General where applicable, the parent information program certificate, a completed income withholding order, a statement about domestic violence where joint legal decision-making is requested, and the identities of the parents in a parentage action.

Finally, except after service by publication, the party obtaining the decree must certify on it that within 3 days of receipt they will mail a copy to the defaulted party's last known address. Failing to do so does not invalidate the decree, change the time to appeal, or relieve anyone of its obligations.

Frequently Asked Questions

Can a divorce decree be entered without anyone going to court?

Yes. Rule 44.1(b)(1) allows the court to enter a decree of dissolution, annulment or legal separation on motion without a hearing, supported by affidavits meeting the requirements of Rule 44.1(b)(2).

When is a hearing required despite a default?

Rule 44.1(a) requires a hearing if the judgment would differ from what the petition requested or exceed the amounts requested without a written separation agreement, if the defaulted party is a minor or an incompetent person, or if that party was served by publication.

How long does the court have to act on a default motion?

For dissolution or legal separation, Rule 44.1(b)(4)(A) requires the court to set a hearing or rule within 21 days of filing if the motion was filed 60 days or more after service, or within 81 days of service if it was filed earlier. For annulment, and under Rule 44.1(c)(3) for parentage, the deadline is 21 days from filing.

Can attorney fees exceed what the petition asked for?

No. Rule 44.1(d)(2) says that when the claim includes a specific amount of attorney fees if the court enters a default judgment, the award may not exceed the amount demanded.

Does the paper track work if the other party filed something?

Rule 44.1(b)(3) says a default decree by motion is not available if the other party has appeared, unless the parties have agreed that the matter may proceed as if by default.

Must I send the defaulted party a copy of the decree?

Yes, except after service by publication. Rule 44.1(g) requires the party obtaining the decree to certify on it that within 3 days of receipt they will mail a copy to the defaulted party's last known address.

Source & verification. Rule text, Rule History and Editors' Notes reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: default decreedefault without a hearingdefault by motion21 days81 daysaffidavitchild support worksheeteducation orderincome withholding orderalimonyspousal maintenance