Free Petition for Dissolution with children - Arizona


File Size: 67.9 kB
Pages: 7
Date: August 27, 2008
File Format: PDF
State: Arizona
Category: Court Forms - Local
Author: Superior Court
Word Count: 2,215 Words, 13,548 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://pinalcountyaz.gov/Departments/JudicialBranch/ClerkoftheCourt/Documents/Downloads/FamilyLaw/Form28.pdf

Download Petition for Dissolution with children ( 67.9 kB)


Preview Petition for Dissolution with children
Name of Person Filing: Your Address: Your City, State, Zip Code: Your Telephone Number: Attorney Bar Number (if applicable):
Representing Self (Without an Attorney) or Petitioner or Respondent

SUPERIOR COURT OF ARIZONA PINAL COUNTY
(Name of Petitioner) ) ) ) )

DO 2 PETITION FOR DISSOLUTION OF MARRIAGE (DIVORCE) -WITH CHILDREN [623]

(Name of Respondent)

STATEMENTS MADE TO THE COURT, UNDER OATH:
1. INFORMATION ABOUT ME, THE PETITIONER:
Name: Address: Date of Birth: Job Title: Starting with today number of months/years in a row you, the Petitioner, have lived in Arizona:

2.

INFORMATION ABOUT MY SPOUSE, THE RESPONDENT:
Name: Address: Date of Birth: Job Title: Starting with today number of months/years in a row the Respondent has lived in Arizona:

3.

INFORMATION ABOUT MY MARRIAGE:
Date of Marriage: City and state or country where we were married: We do not have a covenant marriage. (Warning: You cannot use this paperwork, if this statement if you have a covenant marriage. If you have questions about whether you have a covenant marriage, review your marriage license, and/or see a lawyer for help.)

4.

90 DAY REQUIREMENT: (Warning: One of the following statements must be true before you
can file your case in Arizona) I or my spouse have lived, or have been stationed while a member of the Armed Forces, in Arizona for at least 90 days before I filed this action.

5.

DOMESTIC VIOLENCE: A.R.S. 25-403.03 (Check the box that is true if you intend to ask for joint
custody): Domestic violence has not occurred during this marriage or occurred during this marriage. Domestic violence has

©Superior Court of Arizona in Pinal County April 18, 2008 ALL RIGHTS RESERVED

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6.

CHILDREN OF THE PARTIES WHO ARE LESS THAN 18 YEARS OLD (check one box):
There are no children under the age of 18 either born to, or adopted by, the parties. NOTE: IF YOU CHECKED THIS BOX, STOP. YOU SHOULD BE USING THE PACKET TO GET A DIVORCE WITHOUT CHILDREN. The following child(ren) is/are under age 18 and were born to or adopted by my spouse and me (Attach extra pages if necessary): Child's Name: Birthdate: Address: Length of Time at Address: Child's Name: Birthdate: Address: Length of Time at Address: Child's Name: Birthdate: Address: Length of Time at Address: Child's Name: Birthdate: Address: Length of Time at Address:

7.

PREGNANCY:
Wife is not pregnant, OR Wife is pregnant The baby is due on (date), and (check one box below): The Petitioner and Respondent are the parents of the child, OR Petitioner is not the parent of the child, OR Respondent is not the parent of the child.

8.a.

COMMUNITY PROPERTY: (check one box)
My spouse and I did not acquire any community property during the marriage, OR My spouse and I acquired community property during our marriage, and we should divide it as follows: Petitioner Respondent Value Real estate located at: $ Legal Description:

Petitioner Respondent Real estate located at:

Value $

Legal Description:

©Superior Court of Arizona in Pinal County April 18, 2008 ALL RIGHTS RESERVED

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Household furniture and appliances:

Petitioner Respondent

Value $ $ $ $ $

Household furnishings:

Petitioner Respondent

Value $ $ $ $ $

Other items:

Petitioner Respondent

Value $ $ $ $

Pension/retirement fund/profit sharing/stock plan/401K: Petitioner Respondent

Value $ $ $ $ Value $

Motor vehicles: Make Model VIN Lien Holder

Petitioner Respondent

Petitioner Respondent Make Model VIN Lien Holder

Value $

8.b.

SEPARATE PROPERTY: (Check all boxes that apply.)
I do not have any property, or separate property, that I brought into the marriage. My spouse, the Respondent, does not have any property, or separate property, that they brought into the marriage. I do have property, or separate property, that I brought into the marriage. I want this property awarded to me as described below. My spouse, the Respondent, does have property, or separate property, that they brought into the marriage. I want this property awarded to my spouse as described below.

©Superior Court of Arizona in Pinal County April 18, 2008 ALL RIGHTS RESERVED

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Separate Property: (List the property and the value of the property, and check the box to tell the Court who should get the property.) Description of Separate Property Petitioner Respondent Value $ $ $ $

9.a.

COMMUNITY DEBTS: (check one box)
My spouse and I did not incur any community debts during the marriage, OR My spouse and I did incur community debts during the marriage and we should divide the responsibility for these debts as follows: DESCRIPTION OF DEBT Petitioner Respondent Amount Owed $ $ $ $ $ $ $ $ $ $ $

9.b.

SEPARATE DEBTS: (Check all boxes that apply.)
My spouse and I do not have any debts that were incurred prior to the marriage or separate debt; I have separate debt or debt that I incurred prior to the marriage that should be paid by me as described below; My spouse has separate debt or debt that he or she incurred prior to the marriage that should be paid by my spouse as described below. DESCRIPTION OF DEBT Petitioner Respondent Amount Owed $ $ $ $ $ $

10.

TAX RETURNS: (Check this box if this is what you want.)
After the judge or commissioner signs the Decree of Dissolution of Marriage (Divorce), we will, subject to IRS Rules and Regulations, pay federal and state taxes as follows: For previous years (the years we were married, not including the year the Decree was signed), the parties will file joint federal and state income tax returns. In addition, for previous calendar years, both parties will pay, and hold the other harmless from,1/2 of all additional income taxes if any and other costs, and each will share equally in any refunds. For the calendar year (the year that the Decree is signed) and all future calendar years, each party will, subject to IRS Rules and Regulations, file separate federal and state income tax returns. Each party will give the other party all necessary documentation to do so.

©Superior Court of Arizona in Pinal County April 18, 2008 ALL RIGHTS RESERVED

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11.

SPOUSAL MAINTENANCE/SUPPORT (ALIMONY) (check the box that applies to you):
Neither party is entitled to spousal maintenance/support (alimony), OR Petitioner OR Respondent is entitled to spousal maintenance/support because: (Check one or more of the box(es) that apply. At least one reason must apply to get spousal maintenance/ support.) Person lacks sufficient property to provide for his/her reasonable needs; Person is unable to support himself/herself through appropriate employment; Person is the custodian of a child(ren) whose age or condition is such that the person should not be required to seek employment outside the home; Person lacks earning ability in the labor market adequate to support himself/herself; and, Person contributed to the educational opportunities of the other spouse or had a marriage of long duration and is now of an age that precludes the possibility of gaining employment adequate to support himself/herself.

12.

OTHER STATEMENTS TO THE COURT UNDER OATH: To file for divorce, of non-covenant
marriage, you must be able to tell the court that the following statements are true. If the statements are not true, you cannot file for divorce until the statements are true. Check the box in front of each statement if the statement is true. TRUE My marriage is irretrievably broken and there is no reasonable prospect of reconciliation. (My marriage is over.) TRUE I am aware of Conciliation Court Services (520) 866-7354, www.co.pinal.az.us/FSCC/; our going to Conciliation Services to try to resolve our problems would not work. TRUE This court has jurisdiction to decide child custody matters under Arizona law.

13.

WRITTEN CUSTODY AGREEMENT: (Check the boxes that apply, if they apply)
My spouse and I have a written agreement signed by both of us about the custody, parenting time, and child support for our child(ren). I have attached a copy of the written agreement. My spouse and I do not have a written agreement or there is a dispute regarding custody and we need to go to mediation to resolve this issue before the Decree is submitted; as per Local Rule 4.2.

REQUESTS TO THE COURT:
A. B. DISSOLUTION (DIVORCE):
Dissolve our marriage and return each party to the status of a single person;

NAMES:
Restore wife husband to her or his former name of WARNING: If you are not the person who is requesting to have your former name restored, the court must have a written request from the party who wants his or her name restored to change the name.

C.

CHILD CUSTODY AND PARENTING TIME: Award custody and parenting time of the children
under the age of 18 years and common to the parties, whether by birth or adoption, as follows: (Check either the sole custody box or the joint custody box. If you check the sole custody box, check only one box related to parenting time.) C.1. SOLE CUSTODY of the minor child(ren) awarded to subject to parenting time as follows: Petitioner OR Respondent,

©Superior Court of Arizona in Pinal County April 18, 2008 ALL RIGHTS RESERVED

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Reasonable Parenting Time rights to the parent not having custody, as will be described in the Parenting Plan attached to the Divorce Decree. Supervised Parenting Time between the children and the Petitioner OR Respondent is in the best interest of the children because: (Explain the reasons for need for supervised parenting time. Use extra paper if necessary.) Name of the agency/person who will supervise: Requested restrictions on parenting time: (explain here)

The cost of supervised parent/child access will be paid by the parent being supervised; the parent having custody; shared equally by the parties. No Parenting Time rights to the parent not having custody, is in the best interest(s) of the child(ren) because: (Explain the reasons for no parenting time. Use extra paper if necessary):

OR C.2. JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the minor child(ren) as set forth in the Joint Custody Agreement signed by the parties, if the court agrees with the Joint Custody Agreement. (Remember, you must submit a Parenting Plan in writing before the Court will consider joint custody; as per A.R.S. 25-403 (F).)

D.

CHILD SUPPORT: Order that child support will be paid by

Petitioner, OR Respondent in a reasonable amount as determined by the court under the Arizona Child Support Guidelines. Support payments will begin on the first day of the first month following the entry of the divorce decree. These payments, and a fee for handling, will be paid through the Clerk of the Court/Clearinghouse and collected by automatic wage assignment.

E.

INSURANCE AND HEALTH CARE EXPENSES FOR CHILDREN: Order that
Petitioner, OR Respondent will pay for the health, medical, and dental insurance coverage for the child(ren), under the age of 18 years, common to the parties. Petitioner and Respondent will pay for all reasonable unreimbursed medical, dental, and health-related expenses incurred for the child(ren) in proportion to their respective incomes.

F.

TAX EXEMPTION: The parties will claim the children as income tax dependency exemptions on
federal and state income tax returns as follows: Parent entitled to claim Petitioner Respondent Petitioner Respondent Petitioner Respondent Petitioner Respondent Name of child Current tax year Later tax years

G.

SPOUSAL MAINTENANCE/SUPPORT (ALIMONY):
Order spousal maintenance/support to be paid by Petitioner, or Respondent through the Clerk of the Court/Clearinghouse in the amount of $ per month, plus the statutory fee, beginning with the first day of the month after the Judicial Officer signs the Decree of Dissolution and continuing until the person receiving spousal maintenance/support is remarried or deceased, or for a period of months.

©Superior Court of Arizona in Pinal County April 18, 2008 ALL RIGHTS RESERVED

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H. I.

COMMUNITY PROPERTY:
Make a fair division of all community property as requested in this petition.

COMMUNITY DEBTS:
Order each party to pay community debts as requested in the Petition, and to pay any other community debts unknown to the other party. Order each party to pay and hold the other party harmless from debts incurred by them since the parties' separation on (date) or from the date the Respondent was served with the Petition for Dissolution.

J. K.

SEPARATE PROPERTY and DEBT: Award each party their separate property and make each
party pay their own separate debt.

OTHER ORDERS I AM REQUESTING (Explain request here):

OATH AND VERIFICATION OF PETITIONER:
STATE OF ARIZONA COUNTY OF PINAL ) ) ss.

I, the Petitioner, being duly sworn and under oath, state that I have read this Petition. All the statements in the Petition are true, correct, and complete to the best of my knowledge and belief.

SIGNED: Petitioner's Signature

SUBSCRIBED AND SWORN TO before me this

day of

, 20

,

By My Commission Expires: Deputy Clerk/Notary Public

©Superior Court of Arizona in Pinal County April 18, 2008 ALL RIGHTS RESERVED

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