Fillable Printable Decree of Divorce with Children - Arizona
Fillable Printable Decree of Divorce with Children - Arizona
Decree of Divorce with Children - Arizona
Name: ___________________________________
Address: _________________________________
City, State, ZIP: ____________________________
Daytime Telephone No: ______________________
Representing Self, Without a Lawyer
ARIZONA SUPERIOR COURT, PIMA COUNTY
Case No. ___________
___________________________________________
Petitioner
DECREE OF DISSOLUTION
OF MARRIAGE
(WITH CHILDREN)
___________________________________________
Respondent
THE COURT FINDS AS FOLLOWS:
1.
This case has come before this court for final orders. The court has either taken all testimony
needed to enter a final Decree of Divorce/Dissolution, or has determined that no testimony need be
taken to enter the final Decree of Divorce/Dissolution.
2.
This court has jurisdiction over the parties under the law, and the provisions of this Decree are
fair and reasonable under the circumstances, and in the best interests of the minor children as to legal
decision-making, parenting time, and support.
3.
The court finds that:
a.
At the time this action was filed, one of the parties had lived in Arizona for more than 90 days,
or had lived in Arizona while a member of the United States Armed Forces for more than 90
days.
b.
The provisions of A.R.S. § 25-381.09 relating to the Conciliation Court either do not apply or
have been met.
c.
The marriage is irretrievably broken.
d.
Where it has the legal power to do so and where it is applicable to the facts of this divorce,
this court has considered, approved, and made Orders relating to issues of legal
decision-making and parenting time, spousal maintenance (alimony), and the
division of property and/or debts.
e.
As to property and debts,
□
The parties did not acquire any community property or debts during the
marriage.
OR
□
The parties have agreed to a division of community property and debt as
evidenced by their signatures on the bottom of this document and as described in
sections 10 and 11 of this order.
OR
□ There is no agreement as to division of property and debt, but all community
property and debt is divided pursuant to sections 10 and 11 of this order.
f.
This Court has jurisdiction under A.R.S. § 25-1001 et al. to issue an order regarding legal
decision-making and parenting time because (check ALL that apply):
□
The children have lived with a parent in Arizona for at least the past six months
immediately before filing the Petition.
□
The child is less than six months of age and has lived from birth with a parent in
Arizona.
□
No other state has issued an order regarding legal decision-making or custody of
the children.
□
There is no case pending in any other state regarding legal decision-making or
custody of the children.
□
Although the children have not lived in Arizona for the past six months, they have
not lived in any other state for all of the past six months either, and the children and at
least one parent have a significant connection to Arizona and there is evidence here
about the children’s well-being.
□
The children have lived in a state other than Arizona for the past six months, but
the other state does not want to issue an order regarding legal decision-making or
custody of these children because the children and at least one parent have a
significant connection to Arizona and there is evidence here about the children’s well-
being.
□
The children and both parents now live in Arizona.
g.
Wife is
□
NOT pregnant
□ IS pregnant, and the husband □ IS or □ IS NOT the father of the child(ren).
h. This Court has jurisdiction under A.R.S. § 25-1221 to order the other party to pay child support
because (check ALL that apply):
□
That person is a resident of Arizona.
□ That person was personally served in Arizona.
□
That person agrees to have the case heard here and filed written court papers in
this case.
□
That person resided with the child in this state.
□
That person resided in this state and provided pre-birth expenses or support for
the child.
□
The child resides in this state as the result of the acts or directives of that person.
□
That person had sexual intercourse in this state and the child may have been
conceived by that act of intercourse.
□
That person signed a birth certificate that is filed in this state.
□
That person did other acts that substantially connect that person with this state.
i.
Check and complete only if supervised or no parenting time is ordered:
□ Supervised parenting time between the children and □ Petitioner OR □ Respondent
OR
□
No parenting time by the
□
Petitioner OR
□
Respondent
is in the best interests of the child(ren) because ____________________________________
__________________________________________________________________________
_________________________________________________________________________
j.
Check and complete only if spousal maintenance is ordered.
□
Petitioner OR
□
Respondent lacks enough property, including property given to him or
her as part of this divorce, to provide for his or her reasonable needs, and is unable to support
himself or herself through an appropriate job or is of a condition that he or she should not be
required to look for work outside of the home, or lacks earning ability necessary to support
himself or herself, or contributed significantly to the educational opportunities of the other
spouse, or had a marriage that lasted a long time and is of an age which may severely limit
the possibility of getting a job in order to support himself or herself.
THE COURT ORDERS THAT:
1.
The marriage of the parties is dissolved and the parties are restored to the legal status of single
persons.
2.
CHANGE OF NAME:
□
Petitioner’s OR
□
Respondent’s last name is restored to .
3.
LEGAL DECISION-MAKING AND PARENTING TIME:
□
Wife is NOT pregnant
□
Wife IS pregnant, and the child is common to the parties. The child will be born on or about
__________ (date), and all orders below as to legal decision-making, parenting time, support, and
medical insurance/expenses apply to this child along with all children named below.
Identity of Children
This Decree concerns these children:
Name of Child Date of Birth
1. ____________________________________________________________________________________
2. ____________________________________________________________________________________
3. ____________________________________________________________________________________
4. ____________________________________________________________________________________
5. ____________________________________________________________________________________
Domestic Relations Education Course on Children’s Issues (Parent Education)
□
Petitioner AND □
Respondent have completed the Domestic Relations Education Course.
LEGAL DECISION-MAKING & PARENTING TIME
□
Sole Legal Decision-Making of the minor child(ren) is awarded to
□
Petitioner OR
□
Respondent subject to parenting time as follows:
□
The parties will have legal
decision-making for the children, pursuant to A.R.S. § 25-403,
as set forth in the Parenting Plan attached. The court adopts the Parenting Plan describing the
legal decision-making and parenting time between the parties. By attaching the Parenting
Plan to this Decree, the Parenting Plan becomes part of the final Decree and carries the same
legal weight as any other order of this Court.
OR
□
Supervised parenting time between the children and
□
Petitioner OR
□
Respondent
based on the findings in number 3i above, according to the terms of the Parenting Plan
attached to this Decree, but parenting time is to take place only in the presence of another
person named below or otherwise approved by the court.
Name of supervising person: ___________________________________________
Restrictions to parenting time: __________________________________________
__________________________________________________________________
__________________________________________________________________
The cost of supervised parenting time will be paid by
□
Petitioner,
□
Respondent, OR
□
shared equally between the two parties.
OR
□
No parenting time rights to
□
Petitioner OR
□
Respondent, based on the findings in
number 3i above.
OR
□
Joint Legal Decision-Making: The parties will have joint legal
decision-making for the children, pursuant
to A.R.S. § 25-403, as set forth in the Parenting Plan attached. There have been no significant acts of domestic
violence under A.R.S. § 13-3601 by either parent. The court adopts the Parenting Plan describing the legal
decision-making and parenting time between the parties. By attaching the Parenting Plan to this Decree, the
Parenting Plan becomes part of the final Decree and carries the same legal weight as any other order of this
Court.
4.
CHILD SUPPORT
□
Petitioner
□
Respondent shall pay child support to
□
Petitioner
□
Respondent in the amount
of $______ per month, beginning ___________, 20____ , according to the Child Support Worksheet
attached. All child support payments shall be made through The Support Payment
Clearinghouse.
This support obligation shall end when a child reaches age 18, OR if still attending high school or a
certified high school equivalency program, support shall continue to be provided while the child is
actually attending high school or the equivalency program but only until the child reaches age 19, OR
is otherwise emancipated, OR at his or her death.
Further, that costs for past child support and care for child(ren) in the amount of $
shall be paid by
□
Petitioner
□
Respondent in the amount of $
each month until paid in full.
Payments shall be made as stated above.
5.
MEDICAL AND DENTAL INSURANCE, PAYMENTS, & EXPENSES
□
Petitioner
□
Respondent is ordered to provide medical and dental insurance for the minor
child(ren).
Payment shall be made according to the Child Support Order attached. The party ordered
to pay shall keep the other party
informed of the insurance company’s name, address, and telephone
number, and provide the other party with
documents necessary to submit insurance claims.
Petitioner is ordered to pay % and Respondent is ordered to pay % of all
reasonable
uncovered and/or uninsured medical, dental, prescription, and other health care charges
for the minor
child(ren), including co-payments.
Costs for past medical expenses for child(ren) in the amount of $ _________ shall be paid by
□
Petitioner
□
Respondent in the amount of $ _________ each month until paid in full.
Payments shall be made as stated above.
6.
FINANCIAL INFORMATION EXCHANGES
The parties shall exchange financial information (tax returns, spousal affidavits, earning statements,
and/or other related financial statements) every twenty-four months.
7.
TAX EXEMPTION
Parties shall claim as income tax dependency exemptions on federal and state tax returns as follows:
Parent entitled to claim child: Name of Child Current Tax Year Later Tax Years
□ Petitioner □ Respondent
□ Petitioner □ Respondent
□ Petitioner □ Respondent
□ Petitioner □ Respondent
□ Petitioner □ Respondent
8.
CHILDREN TO WHOM THIS DECREE DOES NOT APPLY
It is also ordered that □ Petitioner □ Respondent has no legal obligations or rights to the child(ren)
born during the marriage but not common to the marriage, namely (use additional paper if necessary):
Name of Child Date of Birth
1. ____________________________________________________________________________________
2. ____________________________________________________________________________________
AND / OR
□ Child(ren) expected to be born on this date: _________________________
9.
SPOUSAL MAINTENANCE:
□
Neither party has to pay spousal maintenance (alimony) to the other party
OR
□
Petitioner OR
□
Respondent is ordered to pay TO
□
Petitioner OR
□
Respondent the sum of
$ _______ month spousal maintenance BEGINNING THE FIRST DAY OF THE MONTH after
this decree is signed and
by the first day of each month thereafter until receiving
party is remarried or deceased or
until _______ (date). All payments shall be made directly
to
□
Petitioner OR
□
Respondent OR
□
the
Support Payment Clearinghouse, until all required
payments have been made under this Decree or until
remarriage or of the recipient or death of
either party.
10.
THE COMMUNITY PROPERTY AND DEBTS SHALL BE DIVIDED AS
FOLLOWS:
PETITIONER RESPONDENT
Property in each party’s possession
□ □
Real Estate at: _________________________________
□ □
Legal Description (from the Deed):
_
_______________
___________________________
_____________________________________________________________________________
_____________________________________________________________________________
PETITIONER RESPONDENT
Real Estate at: _________________________________
□ □
Legal Description (from the Deed):
________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Household furniture and appliances:
PETITIONER RESPONDENT
(For example: Bedroom furniture, $250)
1.
______________________________________________
□ □
2.
______________________________________________
□ □
3.
______________________________________________
□ □
4.
______________________________________________
□ □
5.
______________________________________________
□ □
6.
______________________________________________
□ □
7.
______________________________________________
□ □
8.
______________________________________________
□ □
9.
______________________________________________
□ □
10.
______________________________________________
□ □
Household furnishings:
PETITIONER RESPONDENT
(For example: Lamp, $30)
1.
______________________________________________
□ □
2.
______________________________________________
□ □
3.
______________________________________________
□ □
4.
______________________________________________
□ □
5.
______________________________________________
□ □
6.
______________________________________________
□ □
7.
______________________________________________
□ □
8.
______________________________________________
□ □
9.
______________________________________________
□ □
10.
______________________________________________
□ □
Other items:
PETITIONER RESPONDENT
1.
______________________________________________
□ □
2.
______________________________________________
□ □
3.
______________________________________________
□ □
4.
______________________________________________
□ □
5.
______________________________________________
□ □
6.
______________________________________________
□ □
7.
______________________________________________
□ □
8.
______________________________________________
□ □
9.
______________________________________________
□ □
10.
______________________________________________
□ □
Retirement Funds:
Pension/Profit Sharing/Stock Plan/401K/IRA:
PETITIONER RESPONDENT
1.
______________________________________________
□ □
2.
______________________________________________
□ □
3.
______________________________________________
□ □
4.
______________________________________________
□ □
5.
______________________________________________
□ □
6.
______________________________________________
□ □
7.
______________________________________________
□ □
8.
______________________________________________
□ □
9.
______________________________________________
□ □
10.
______________________________________________
□ □
PETITIONER RESPONDENT
Motor vehicle: ________________________
__________
□ □
Make: _________________________ Model: ___________________________
VIN: __________________________ Lien Holder: _______________________
Motor vehicle: ________________________
__________
□ □
Make: _________________________ Model: ___________________________
VIN: __________________________ Lien Holder: _______________________
Motor vehicle: ________________________
__________
□ □
Make: _________________________ Model: ___________________________
VIN: __________________________ Lien Holder: _______________________
11.
Community Debts Shall Be Paid As Follows:
PETITIONER RESPONDENT
(For example: Visa card, $2000)
1.
______________________________________________
□ □
2.
______________________________________________
□ □
3.
______________________________________________
□ □
4.
______________________________________________
□ □
5.
______________________________________________
□ □
6.
______________________________________________
□ □
7.
______________________________________________
□ □
12.
Separate Property is Confirmed as Follows:
PETITIONER RESPONDENT
(For example: bike, $75)
1.
______________________________________________
□ □
2.
______________________________________________
□ □
3.
______________________________________________
□ □
4.
______________________________________________
□ □
5.
______________________________________________
□ □
6.
______________________________________________
□ □
7.
______________________________________________
□ □
13.
Separate Debt is Confirmed as Follows:
PETITIONER RESPONDENT
(For example: student loans, $15k)
1.
______________________________________________
□ □
2.
______________________________________________
□ □
3.
______________________________________________
□ □
4.
______________________________________________
□ □
5.
______________________________________________
□ □
6.
______________________________________________
□ □
7.
______________________________________________
□ □
14.
THE PARTIES WILL FILE THEIR FEDERAL AND STATE INCOME TAX
RETURNS AS FOLLOWS:
After the judicial officer signs the Decree of Dissolution of Marriage (Divorce), the parties have
already paid or will pay federal and state taxes as follows: For the years they were married but not
including the year the Decree was signed, the parties have already filed or will file joint and federal
and state income tax returns. For these previous years, the parties will also pay and hold the other
harmless from ½ of all additional income taxes, if any, and all other costs, and share equally in
refunds. For the calendar year that the Decree was signed, and for all future years, each party will file
separate federal and state income tax returns and each will give the other party all necessary
documentation to do so.
Other: ___________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
15.
ENFORCEMENT OF TEMPORARY ORDERS:
All obligations ordered to be paid by the parties in Temporary Orders dated (fill in dates of ALL
temporary orders here) shall be satisfied in full or
judgment is awarded against the party with the obligation up to the amount due and owing as of
the date of this Decree, together with the highest legal interest allowed by law.
16.
ADDITIONAL ORDERS:
The Court further orders that _________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
17.
LIMITATION ON JURISDICTION:
This Court cannot make a legal order, without personal service on Respondent, with respect to
issues of community debts or property, spousal maintenance, or child support.
DATED:
________________
_____________________________________________
Judge/Commissioner of the Superior Court
Submitted by Petitioner: ______________________________________________ Date: _____________
Approved by Respondent (if applicable): _________________________________ Date: _____________
