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 to engage in the unauthorized practice of law.

The court is not responsible for (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! Read this 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

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

Your spouse DOES NOT need to have been convicted of domestic violence or

assault.

You can get an IMMEDIATE Order of Protection to keep your spouse away

from you by obtaining a Petition for Order of Protection from the Clerk of the Court 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 Court Pima County Juvenile Court Center

103 E. Alameda St. 2225 E. Ajo Way

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

Pima Superior Court Clerk’s Office

110 W. Congress, 1

floor

Pima County Consolidated Justice Court

240 N. Stone Ave.

(520) 724-3171

(520) 724-3210

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

Tucson Police Department Pima County Sheriff’s Department

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

In case of 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 Address using the Request for a Protected Address form. The forms for a Request for

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

The Request for a Protected Address is NOT the same form as the Confidential Sensitive 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 email pcl[email protected]ma.gov.

GENERAL INFORMATION &

Frequently Asked Questions

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

necessary forms to respond to your spouse in a divorce case. While the divorce

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

written with your needs in mind and is intended to make the process as easy for you

as possible.

If you follow the self-help instructions and fill out the forms correctly and 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 every step.

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

http://www.sc.pima.gov/Default.aspx?tabid=119. We recommend that you do not complete all 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 be even simpler.

What forms should I receive from the other party?

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

written Response with the court, making you the Respondent of the case.

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

this case.

Petition for Dissolution of Marriage: This form lists your spouse’s requests for the court to dissolve the

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

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

This symbol is 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

Whenever you see this symbol, make sure you 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.

What are my options as a Respondent?

• Do Nothing - If you don’t respond, your spouse can file an Application and Affidavit for Entry of

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

proceeding. The court will decide how to dissolve your marriage without hearing your side of the

situation. You will be held accountable for what the court orders regardless of your lack of

response.

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

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

what you want the court to order regarding the divorce, your community property and debts,

and

any spousal maintenance.

What forms should I complete if I choose to respond?

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

• Affidavit RE: Minor Children

• Confidential Sensitive Data Form (if needed)

This packet also includes forms that you should complete if your case involves domestic violence, and

you seek protection.

Do not use these forms if the Petitioner already knows your address.

• Request for Protected Address

• Order for a Protected Address

What do I do after I complete the forms?

Step 1: Make 3 copies of the completed forms above.

Step 2: File documents with the court. Take all of the copies to the Clerk of the Court, located on the first

floor of the Superior Court Building (110 West Congress, Tucson, AZ 85701. Open 8:00 a.m. to 5:00

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

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

forms and one set of copies and will stamp your originals.

How long do I have to respond?

If you are served in the state of Arizona, you have 20 days after service to respond. If served outside of

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

may receive a notice of default. You have 10 days after receiving this notice to file your written

Response. If you still do not file a written Response by the end of this grace period, a default judgment

can be entered and you will be held accountable for what the court orders.

Do I need to let my spouse know that I responded?

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

mail the documents to the address your spouse used on the Petition.

Do I need a lawyer’s help?

There are times when more complex legal problems 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 Center at (520) 724-8456.

Where is the Self-Service Center?

The Self-Service Center is free and located 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.

For divorce without children only

This packet has been designed for a divorce that does not involve minor children (under age 18). If you

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

using Packet # 3, Response with Children.

How much will all this cost?

FEES IN GENERAL

As of May 2014, the cost to file:

• Packet # 5, Divorce without Children Petition = $263

• Packet # 6, Divorce without Children Response = $194

OTHER EXPENSES INCLUDE:

•

The mandatory Parent Education Class fee: $35 (details on page 7)

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

• General use copies made in the library, per page: $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.

What if I cannot afford to pay the fees?

You can apply for a waiver or deferral of the fees if you cannot pay.

• A deferral is 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 waiver means that you do not have to pay the fees at all.

• Not everybody who requests a deferral or waiver receives 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 - Waiver of Fees & Costs.

What is Community Property?

Community property is any property you and your

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

matter who uses the property or who actually paid the

money. Both you and your spouse have a right to about an

equal share of community property.

Community debts belong to both spouses. It doesn’t matter who spent the money.

Community debts should also be divided in half.

Separate property is property that either spouse owned before the marriage or received

during the marriage by gift or inheritance. Separate property is not divided during the

divorce.

parate debts are debts that either spouse had before the marriage or that happened

after the Divorce Petition was served.

Community property also applies to pensions, retirement funds, profit

sharing and stock plans. Both of you have a right to a portion of

these. If these kinds of funds need to be divided, you must fill out a

Qualified Domestic Relations Order (QDRO). This form is very

complicated and difficult to file on your own. It almost always

requires the help of a lawyer.

A Temporary Order from the court may be needed to deal with issues

relating to finances or property before the divorce is final. You can ask for

a Temporary Order at any time during the divorce by filing Packet #13A

Temporary Orders.

Property and debt division can be confusing and sometime complicated. If

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

a good idea to contact a lawyer for help.

Spousal Maintenance (Alimony)

Spousal maintenance, which used to be

known as alimony, is money one spouse pays

to the other. The payment helps the former

spouse who cannot provide for himself or

herself without the marriage.

Spousal maintenance is usually only ordered for

a specific period of time to 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 to child support.

The person who receives spousal maintenance will have to pay tax on it. On the other

hand, spousal maintenance is tax deductible for the person who pays it.

WHEN AND HOW SPOUSAL MAINTENANCE IS ORDERED

When a spouse asks for spousal maintenance, the judicial officer can consider a number of

things in making a decision. The criteria for spousal maintenance are listed in Packet #2

Petition for Dissolution of Marriage with Children and in Packet #5 Petition for Dissolution of

Marriage without Children

You cannot ask for spousal maintenance after the divorce is over

if you did not ask for it during the divorce case

If you or your spouse plans to ask for spousal maintenance, you may

want to talk to a lawyer. Spousal maintenance can be very complicated

and may have long-term effects.!

Last Updated 11/20/14

Basic overview of the response process

* 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, or sensitive information, is information that you might not want other people to

see. Sensitive data includes your 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 you need to complete the 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.