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

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

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

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

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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) usersreliance upon the instructions or information provided.
Updated June 2015
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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.
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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
st
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.
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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,DivorceGeneral 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.
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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.
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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.
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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.
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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.
Se
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.
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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.!
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!
Last Updated 11/20/14
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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
Youre
Divorced*
Settlement
Conference
Youre
Divorced
Attend
Trial
File Trial
Paperwork
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3
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.
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