Fillable Printable Response to Dissolution of Marrige (Divorce) Without Children - Arizona

Response to Dissolution of Marrige (Divorce) Without Children - Arizona

Packet # 6

RESPONSE TO

DISSOLUTION OF

MARRIAGE (DIVORCE)

WITHOUT CHILDREN

These forms must not be used toengagein the unauthorized practice of law.

The courtis not responsiblefor (1) actions taken by the users of these forms or

(2) users’reliance upon the instructions or information provided.

Updated June 2015

Are you the victim of domestic violence?

Important! Readthis first…

Unfortunately, domestic violence may occur in any relationship and may be

directed against you personally or against your children.

You are a domestic violence victim if you or your children have

experienced:

•Physical acts like hitting, slapping, pushing, or kicking

•Threats of physical violence by phone or in person

•Abusive words and/or behavior used to control you or put you in any kind of danger

•Being followed around throughout the day or having your interaction with others

monitored

•Being forbidden to leave your house, or being taken against your will and kept at any

other location

•Having someone enter the house against your will, behave in a disorderly manner,

and/or damage property

•Conduct that involves disobeying court orders, including interfering with your parenting

time

YouDO NOT need to have been seen at a hospital or at a doctor’s office.

Your spouse DOES NOTneed to have been convicted of domestic violence or

assault.

You can get an IMMEDIATE Order of Protectionto keepyour spouseaway

from you by obtaining a Petition for Order of Protection from theClerk of theCourt on the first

floor of the Pima County Superior Court, Room 131A. You may submit the Petition to any of the

following court locations between the hours of 8:00 a.m. and 4:30 p.m.

Tucson City CourtPima County Juvenile Court Center

103 E. Alameda St.2225 E. Ajo Way

(520) 791-4971(520) 724-2045

Pima SuperiorCourt Clerk’s Office

110 W. Congress, 1

floor

PimaCountyConsolidatedJusticeCourt

240N.Stone Ave.

(520) 724-3171

(520) 724-3210

To get an Order of Protection after hours or on weekends or holidays, call:

Tucson Police DepartmentPima County Sheriff’s Department

(520) 741-4444(520) 351-4900

In caseof emergency, call 911.

If you are in a protected location or shelter, DO NOT put your address or phone number on the

court documents!

If possible, get a P.O. Box or use another valid mailing address on the papers, and tell the Clerk

of the Court about your existing Order of Protection and case number.You can ask for a

Protected Addressusingthe Request for a Protected Addressform. The forms for a Request for

a Protected Address and Order for a Protected Address are included at the end ofthis packet.

The Request for a Protected Addressis NOT the same form as the ConfidentialSensitive Data Form.

You can find more information about Orders of Protection at the Self-Service Center located in the Pima

County Superior Court Law Library, Room 256,on the second floor of the Pima County Superior Court

(110 West Congress Street, Tucson, Arizona 85701).

They are open from 8 a.m. to 5 p.m. Monday through Friday (except holidays). For more information,

call 520-724-8456 or emailpcl[email protected]ma.gov.

GENERAL INFORMATION &

Frequently Asked Questions

This packet willgive you an overview of how to properly complete and file the

necessary forms to respond to your spouse in a divorce case.Whilethe divorce

process may seem overwhelming and intimidating, please know that this packet is

written with your needs in mindand is intended to make theprocess as easy for you

as possible.

If you follow the self-help instructions and fill out the forms correctlyand completely,

then filing a Response will be relatively simple. The forms will walk you through the

entire process so that you will be able to move smoothly through everystep.

Other important forms and instructions for Family Court cases canbe found online at

http://www.sc.pima.gov/Default.aspx?tabid=119. We recommend that you do not completeall the forms

in all the packets right away. If you complete only the forms that you need for the step you are currently

working on, the process will beeven simpler.

WhatformsshouldI receive from the other party?

Summons:This form shows that you have been ordered to appear in court. You "appear" by filing a

written Responsewith the court, making you the Respondent of the case.

Affidavit RegardingMinor Children:This form tells the court that there are no minor children involved in

this case.

PetitionforDissolution of Marriage:This form lists your spouse’srequests for the court to dissolve the

marriage,divide community property, and order spousalmaintenance.For more information about these

topics, see Packet # 1,Divorce – General Information.

This symbolis a warning. It can mean a few different things:

•The topic can be confusing and you may need to ask a lawyer for help

•You may need to make sure that something is done

Wheneveryouseethis symbol,makesureyou read the information carefully and understand it fully.

Read each and every word of the Petition very carefully

and decide what you want to do.

WhataremyoptionsasaRespondent?

•Do Nothing-If you don’trespond, your spousecan file an Applicationand AffidavitforEntry of

Default. This may result in a default judgment. It is never a good idea to ignore a court

proceeding.The court willdecide how to dissolve your marriagewithouthearingyour side ofthe

situation. You will be held accountable forwhat the court ordersregardless ofyour lack of

response.

•File a Written Response-If you do not agree with your spouse’srequests in the Petition, and

you cannot reach an agreement, youshould file a written Response.This is how you request

whatyou want the courttoorder regarding the divorce, your community propertyanddebts,

and

any spousal maintenance.

Whatformsshould I complete if Ichoose to respond?

•Response to Petition for Dissolution of Marriage (Divorce)Without Children

•Affidavit RE: Minor Children

•ConfidentialSensitive Data Form(if needed)

This packetalso includes forms thatyou should complete if your case involves domestic violence, and

you seek protection.

Do notuse these forms if the Petitioner already knows your address.

•Request forProtected Address

•Order fora Protected Address

Whatdo Ido after Icompletetheforms?

Step1: Make 3 copies of the completed forms above.

Step2:Filedocumentswiththecourt. Take allofthe copiesto the ClerkoftheCourt,located on the first

floorof theSuperiorCourt Building(110 WestCongress,Tucson,AZ85701.Open 8:00a.m. to5:00

p.m., MondaythroughFriday, except legal holidays). Arrive at the courthouse at least one hour before it

closes. Tellthe clerk that you want to file a response for dissolution. The clerk will take your original

forms and oneset of copies and will stamp your originals.

How long do Ihave to respond?

If youare served in thestateof Arizona, you have20 days after servicetorespond. If servedoutside of

Arizona,you have 30 days afterservice to respond.If you do not file a written Response on time, you

may receivea noticeof default.You have10 daysafterreceiving this notice to file your written

Response.Ifyou stilldo not file a written Response by the end of this grace period, a default judgment

can be enteredand you will be held accountablefor what the court orders.

Do Ineed to let my spouse know thatI responded?

Yes, you must send your spouse copies of your Response and Affidavit RE: Minor Children. You should

mailthedocumentsto theaddress your spouse used on the Petition.

Do Ineed a lawyer’s help?

There are times when more complex legalproblems will come up, and you may want to get the advice

of a lawyer. There are lawyers who will help you help yourself. This means that they will only charge you

for giving you the help that you need: you can complete the court forms on your own or ask the lawyer

for help.

For more information, call the Self-Service Centerat(520) 724-8456.

Where is the Self-Service Center?

The Self-Service Center isfree andlocated in the Pima County Law Library, Room 256, on the second

floor of the Pima County Superior Court, 110 West Congress Street, Tucson, Arizona 85701. It is open

from 8 am to 5 pm Monday through Friday (except holidays). For more information, call (520) 724-8456

or email pcll@sc.pima.gov.

Fordivorce withoutchildren only

This packet has been designed for a divorce thatdoes notinvolve minor children (under age 18). If you

and your spouse have minorchildrentogether either by birth or adoption, then STOP: you should be

using Packet # 3, Response withChildren.

How much will all this cost?

FEES IN GENERAL

As of May 2014, the cost to file:

•Packet# 5, Divorce withoutChildren Petition= $263

•Packet# 6, Divorce withoutChildren Response= $194

OTHER EXPENSES INCLUDE:

•

ThemandatoryParentEducationClassfee:$35(detailsonpage7)

•Legal record copies through the Clerk of the Court, per page: $0.50

•General use copies made in the library,perpage: $0.15

NOTE: You have to pay fees to file documents for your divorce.If you can’t afford the court fees or other

costs for a divorce, you may be able to get a deferral or waiver.

WhatifIcannotaffordto paythefees?

You can apply for awaiver ordeferral ofthe fees if you cannotpay.

•A deferralis like a payment plan. It means that you divide the fees up and pay a little over a

period of time, or that you don’t pay fees till the end of your case.

•A waivermeansthat youdonot have topay the fees at all.

•Not everybody who requests a deferral or waiverreceives one.

•You file for a deferral or waiver at the same time you file your petition or response.

For more information, see Packet #12,Deferral- WaiverofFees & Costs.

Whatis Community Property?

Communityproperty is any property you and your

spouse bought or earned during your marriage. It doesn’t

matter who usesthe propertyor who actually paid the

money. Both you and yourspouse have a right to about an

equal share of communityproperty.

Communitydebts belong to bothspouses. It doesn’t matter who spent the money.

Community debtsshould also be divided in half.

Separate propertyis propertythat either spouse owned beforethe marriageorreceived

during themarriage by giftor inheritance. Separate property is not divided during the

divorce.

parate debtsare debts that either spouse had beforethe marriageor that happened

after the DivorcePetition was served.

Communityproperty also applies to pensions, retirement funds, profit

sharing andstock plans. Both of you have a right to a portion of

these. If thesekinds of funds needto be divided, you must fill outa

QualifiedDomestic Relations Order (QDRO). Thisformis very

complicated and difficult to fileon your own.It almost always

requiresthe helpofa lawyer.

A TemporaryOrderfrom thecourtmaybeneeded to dealwithissues

relatingto finances or property before the divorceis final. You canask for

a TemporaryOrder at any time during thedivorcebyfilingPacket #13A

TemporaryOrders.

Property and debt division can beconfusing and sometimecomplicated. If

you feel you do not understand your rightsabout property and debts, it is

a good ideatocontact alawyer for help.

SpousalMaintenance (Alimony)

Spousalmaintenance, which used tobe

known as alimony, is money one spouse pays

totheother. The payment helpstheformer

spouse who cannotprovide for himself or

herself withoutthe marriage.

Spousal maintenance is usually only orderedfor

a specific period of timeto help a spouse get

back on his or her feet.

Spousal maintenance is paid separately from

child support and is not a substitute for or a supplement tochild support.

The person who receives spousal maintenancewill have to paytaxon it.Onthe other

hand, spousalmaintenance is tax deductible forthe person who pays it.

WHEN AND HOWSPOUSAL MAINTENANCE IS ORDERED

When aspouse asksfor spousal maintenance, the judicial officer canconsider a number of

things in making a decision.The criteria forspousal maintenance arelisted in Packet#2

Petition for Dissolution of Marriage with Childrenand in Packet#5Petition forDissolution of

Marriage without Children

You cannot ask for spousalmaintenance afterthe divorce is over

if you did not ask for itduringthe divorce case

If you or your spouse plans to ask for spousalmaintenance, you may

wantto talk toa lawyer. Spousal maintenance can be very complicated

andmay have long-term effects.!

Last Updated 11/20/14

Basic overview of the responseprocess

*In!no!event! can!your!

divorce!be!finalized!u nless!

60!da ys!h ave!elapsed!from!

th e!time!that!the!Divorce!

Petition!was!served.!

Response

is filed

Attend

classes &

mediation

Settlement

You’re

Divorced*

Settlement

Conference

You’re

Divorced

Attend

Trial

File Trial

Paperwork

Read this before you complete any forms in your packet

Sensitive data, orsensitive information, is information thatyou mightnot wantother people to

see. Sensitive data includesyour social security number, bank account number, credit card

number, and other financial account numbers.

Court documents, for the most part,can be seen by anyone.If you need to include any of the

information listed above, you should write “SEE CONFIDENTIAL SENSITIVE DATA FORM” on

the document. Then youneed to completethe Confidential Sensitive Data Form. This is where

you will include the actual sensitive information.

This is important because the “Confidential Sensitive Data Form” will not be seen by the public.

If you ever need to give the court new information, then you should file an updated Confidential

Sensitive Data Form. Include all other sensitive data forms that you have already given the

court, plus any new sensitive information that you need to tell the court.

If you include “sensitive data” in documents filed with the court, other than

on a Confidential Sensitive Data Form, you do so at your own risk.

See!Instru ctio n s *o n *C o m p le tin g *th e *S en s itiv e *D a ta *F o rm !near!the!end!of!this!packet.