I have a divorce pending. My husband never responded to any documents and did not take parenting classes. His response was due to the court in October of 2018. I finished my parenting class in December and tried to get a default hearing in January with no luck. I refused to sign the married taxes with H & R Block because he would receive the entire refund and he has not had the children in 2 years. When I declined to sign them, he finally sent a response to the judge 3 months later. Now I cannot file a default hearing and would like some advice on what document I should file to ask the judge to throw that response out since it was so late and grant me the default hearing.
I'm not sure why the court did not set a default hearing, but you may have not filed the correct paperwork. It is not worthwhile to file anything regarding his response. The judge has discretion to set aside default and it's not even clear he is in default. When there are children, judges always set aside default if the Respondent files anything because Arizona law requires them to decide matters regarding children on their merits.
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Once he files a Response, no matter how late, a default hearing is not going to happen. His actions are unreasonable and that can be used against him later on.
This answer is for informational purposes only and is not legal advice nor does it create an attorney-client relationship. I'm licensed only in Arizona.
I see other answers suggesting that a Motion to Proceed by default may not be successful, and those are likely accurate. However, if you wanted to try anyway, I would call it a "Motion to Schedule Default Hearing", explaining the overall situation, and asking Court to "strike" his untimely response and permit the matter to proceed by default.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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