The Arizona Divorce Petition form is a legal document that initiates the process of obtaining a divorce in Arizona. This form is essential for individuals who wish to formally request a divorce, especially when children are involved. It is important to understand the requirements and implications of filing this petition to ensure a smooth legal process.
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The Arizona Divorce Petition form is an essential document for individuals seeking to initiate the divorce process, particularly when children are involved. This form serves as a formal request to the court for a divorce and outlines key information about the parties involved, namely the Petitioner, who is the individual filing for divorce, and the Respondent, who is the spouse. Before filing, it is important to note that either spouse must have resided in Arizona for at least 90 days. Additionally, if children are part of the divorce proceedings, they must have lived in Arizona for at least six months to establish the state as their home. The form also addresses critical issues such as domestic violence, offering guidance for victims on how to seek protection and ensuring their safety during the divorce process. Furthermore, the petition includes sections that require sensitive information, such as social security numbers, which must be handled carefully to maintain privacy. Understanding the structure and requirements of the Arizona Divorce Petition form is vital for anyone looking to navigate the complexities of divorce proceedings in the state.
DIVORCE
WITH CHILDREN
PETITION
Packet #2
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) the users’ reliance upon the instructions or information provided.
DWC Petition Updated March 2017
Are you the victim of domestic violence?
Important! Read this first…
Unfortunately, domestic violence may occur in any marriage and may be
directed against you personally or against your children.
You are a domestic violence victim if you or your children have experienced any of the
following:
!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 your spouse 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 and your children 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 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
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Pima County Consolidated Justice Court
Pima Superior Court Clerk’s Office
240 N. Stone Avenue
110 W. Congress, 1st floor
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 with the Request for a Protected Address form. Both the Request for a Protected Address and Order for a Protected Address are included at the end of this packet.
You can find more information about Orders of Protection at the Clerk of Court located on the first floor of Pima County Superior Court (110 West Congress Street, Tucson Arizona 85701). They are open from 8:00 am to 5:00 pm Monday through Friday (except holidays). For more information, call (520) 724-3210.
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General Information &
Frequently Asked Questions
This packet contains general information, instructions and court forms for you to complete and file with the court.
What is a Petition for?
A petition is a written, legal request for a divorce.
What do “Petitioner” and “Respondent” mean?
Because you are the one asking and filing for divorce, you are called the PETITIONER. Your spouse is the RESPONDENT on all your divorce documents.
Are there any requirements for filing for divorce in Arizona?
In order to file for a divorce in Arizona, you or your spouse must have lived in Arizona for at least 90 days before you file. If you are in the military, then you have to have been stationed in Arizona for at least 90 days.
If you have not lived in Arizona for at least 90 days DO NOT FILE. You have to wait until you have lived here at least 90 days.
If the judge needs to decide on matters about children, like parenting time or child support, then Arizona must be your children’s home state (primary place of residence). This means your children must have lived in Arizona for at least 6 months before you file.
If you are not sure if Arizona is the home state (primary place of residence) for your children, talk to a lawyer before filing for divorce.
Arizona is a no-fault divorce state. You only need to show that the marriage is irretrievably broken (meaning there is no reasonable possibility of getting back together).
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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 something is done
Whenever you see this symbol, make sure you read the information carefully and understand it fully.
Should I see a lawyer for help?
Court cases can be very complicated, and even if you are representing yourself you should see a lawyer for legal advice as to how the law applies to you, and what is best in your particular situation. This might save you time, money and trips to court, and help you to avoid serious mistakes.
There are lawyers who will help you. They will only charge you for giving you the help you need, and you can complete the court papers on your own or ask the lawyer for help with your papers. For more information, call the Self-Service Center at (520) 724-8456 and ask how to find an attorney.
Where is the Self-Service Center?
The Self-Service Center is 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 a.m. to 5 p.m. Monday through Friday (except holidays). For more information, call (520) 724-8456 or email pcll@sc.pima.gov.
What is “Sensitive Data” and why do I need to fill out a separate form?
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 types of information listed above in your Petition, you should write “SEE CONFIDENTIAL SENSITIVE DATA FORM” where you would normally put that information. Then you need to fill out the Confidential Sensitive Data Form, which is included at the end of this packet. This is where you will write the actual sensitive information.
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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 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.
Anyone who includes “sensitive data” in documents filed with the court, other than on a Confidential Sensitive Data Form, does so at their own risk.
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How Do I get a Divorce?
There are a few steps you have to take in order to get a divorce.
Step 1. File your divorce papers
To file a Petition for Divorce, use the forms and instructions in this packet. This first set of paperwork is the beginning of the divorce process.
Step 2. Serve the divorce paperwork
A copy of your petition must be officially served on your spouse. This tells your spouse that you are asking for a divorce and gives your spouse an opportunity to file a Response to your petition. This step is very important! There are specific directions for how to officially serve the Petition on your spouse. Forms and instructions are in Packet #10 Service of Papers.
Step 3. Request a default decision OR go forward with a divorce trial
If your spouse does not file a Response to your Petition through the court within the time limits of the Summons (see Packet #10 Service on the Other Party), the divorce can proceed as a Default. A Default means that the court will order everything legally reasonable you asked for in your Petition. Before your divorce can proceed as a Default, you must file an application for Default. Forms and instructions are in Packet #11 Obtaining a Default Decree.
If your spouse filed a Response and you cannot reach an agreement, you will need to have a divorce trial. Forms and instruction are in Packet #14 Trial Preparation. If this is the case, you should seek the advice of a lawyer.
Step 4. Get a final decision
To make your divorce final, you have to fill out a Decree to be signed by the judicial officer. The Decree is the final order from the court granting you the divorce and deciding the other issues related to the divorce. Forms and instructions are in Packet #4 Divorce with Children Decree.
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What about my children?
Because your divorce involves minor children, you and your spouse are required to attend the Domestic Relations Education on Children’s Issues Course (Parent Education Class). You must complete this class within the first 45 days after your Divorce Petition was served on you. You are not responsible for your spouse’s attendance, but no request regarding Legal Decision-Making or Parenting Time will be granted to a non-attending spouse, and the course must be completed before attending Conciliation Court
Mediation. There is a fee for this class. You can register for the course at www.sc.pima.gov/fccc/parented or by calling 520-243-4949.
What if my spouse and I
disagree about the children?
If you and your spouse cannot agree on a plan for how each of you will spend time with the children or make legal decisions for them, you will eventually be required to attend Conciliation Court Mediation
for help in writing a Parenting Plan for your minor children (See Packet #9 Legal Decision- Making and Parenting Time). You will both meet with a neutral third party to get help in solving your problems. Mediation does not deal with child support (see Packet #8 Child Support), spousal maintenance (alimony), or division of property or debts. You can ask for mediation at any time with Packet #15 Mediation.
Mediation is offered as a free service only through the Conciliation Court.
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!
How much will all this cost?
FEES IN GENERAL
As of May 2014, the cost to file:
•Packet #2 Divorce with Children Petition: $263
•Packet #3 Divorce with Children Response: $194
•Packet #5 Divorce without Children Petition $263
•Packet #6 Divorce without Children Response $194
•Packet #18 Paternity $258
•Packet #19 Paternity Response $189
•Petitions for "post-decree" matters, such as Child Support Modification: $84
OTHER EXPENSES INCLUDE:
•The mandatory Parent Education Class fee: $45 (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.
HOW TO GET A DEFERRAL OR WAIVER
You can apply for a full waiver or deferral of the fees if you cannot pay.
•A deferral means that you do not have to pay any fees at the beginning of your case, but you will be expected to pay on a predetermined schedule.
•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
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Volunteer Lawyers Program
Domestic Relations Clinic
Pima County Superior Court has a program through which free assistance is given to people representing themselves in a family law matter.
At the clinic, someone will review your Decrees, Child Support Orders, and Income Withholding Orders to help ensure these documents are complete and legally correct.
Making use of the Clinic is in your best interest. The judicial officer will not sign any documents that are incorrect or incomplete. In such cases, you will have to leave, correct your documents, and then schedule another hearing.
To schedule an appointment call the Pima County Law Library at 520-724-8456, or go in person to the library on the second floor of the Pima County Superior Court for information.
There are lawyers who will help you help yourself
This means that they will only charge for the help you need, and you can complete the court papers on your own.
Court cases can be quite complicated, and talking to a lawyer can help you avoid serious mistakes and save you time, money and trips to the court.
For more information, call the Self-Service Center at 520-724-8456 and ask how to find an attorney. You can also contact the Pima County Bar Lawyer Referral Service by calling 520- 623-4625. You can have one-half hour with a family lawyer for a small fee or you may be directed to an attorney who will represent you for a reduced fee.
We encourage you to also make use of the additional resources following this
page for more information on finding a lawyer.
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Filling out the Arizona Divorce Petition form is a crucial step in initiating your divorce process. Once you've completed the form, you will need to file it with the appropriate court. This process may seem daunting, but following these steps will help ensure you fill out the form correctly.
Once you have filed the petition and served your spouse, the next steps will involve waiting for a response and potentially attending court hearings to finalize your divorce. Stay organized and keep track of all documents and communications throughout this process.
What is a Petition for Divorce?
A petition is a formal request you submit to the court to initiate the divorce process. It outlines your desire to end the marriage and sets forth the grounds for the divorce. In Arizona, you only need to state that the marriage is irretrievably broken.
Who is the Petitioner and who is the Respondent?
The person who files the divorce papers is called the Petitioner. This individual initiates the divorce process. The other spouse, who receives the divorce papers, is referred to as the Respondent. This distinction is important for the legal proceedings.
What are the residency requirements for filing for divorce in Arizona?
To file for divorce in Arizona, either you or your spouse must have lived in the state for at least 90 days prior to filing. If you are in the military, you must have been stationed in Arizona for the same duration. If you haven't met these residency requirements, you must wait until you do before filing.
What if children are involved in the divorce?
If you have children, Arizona must be their home state for at least 6 months before you can file for divorce. This means the children should have lived in Arizona continuously for that period. If you are uncertain whether Arizona qualifies as their home state, consult a lawyer before proceeding.
Should I consult a lawyer before filing?
It is highly advisable to consult a lawyer, even if you plan to represent yourself. Divorce cases can be complex, and legal advice can help you understand how the law applies to your situation. This may save you time and prevent costly mistakes. Many attorneys offer consultations for a fee, allowing you to complete the necessary paperwork on your own or with their assistance.
Where can I find the Self-Service Center?
The Self-Service Center is located in the Pima County Law Library, Room 256, on the second floor of the Pima County Superior Court at 110 West Congress Street, Tucson, Arizona. It operates from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. For assistance, you can call (520) 724-8456.
What is Sensitive Data and why do I need a separate form?
Sensitive data includes personal information such as social security numbers, bank account details, and credit card information. Because court documents are generally public, you should not include this information directly in your Petition. Instead, indicate "SEE CONFIDENTIAL SENSITIVE DATA FORM" where this information would normally go. Fill out the Confidential Sensitive Data Form provided in the packet to protect your sensitive information.
Filling out the Arizona Divorce Petition form can be a daunting task, and many people make common mistakes that can complicate the process. One frequent error is not providing accurate residency information. Arizona requires that at least one spouse has lived in the state for a minimum of 90 days before filing. If you or your spouse do not meet this requirement, it’s essential to wait until you do. Failing to adhere to this rule can lead to delays in your case.
Another mistake is misunderstanding the roles of Petitioner and Respondent. The person who files the divorce petition is the Petitioner, while the other spouse is the Respondent. Confusing these terms can lead to errors in documentation and communication with the court. Always ensure you know your role when filling out the forms.
Many individuals also overlook the importance of including all necessary information. Incomplete forms can result in the court rejecting your petition. Double-check that all sections are filled out thoroughly, including details about children, property, and debts. Take the time to review each section carefully before submission.
Some people make the mistake of not addressing sensitive data properly. Sensitive information, such as social security numbers and financial account details, should not be included directly in the petition. Instead, indicate that this information is available on a separate Confidential Sensitive Data Form. This helps protect your privacy and keeps your personal information secure.
Another common error is ignoring the need for legal advice. While it’s possible to file for divorce without a lawyer, seeking legal advice can help you avoid pitfalls. A knowledgeable attorney can provide guidance tailored to your situation, potentially saving you time and stress later on.
People sometimes fail to file the petition in the correct court. It’s crucial to file in the appropriate jurisdiction, which is typically where either spouse resides. Filing in the wrong court can lead to unnecessary delays and complications in your case.
Additionally, neglecting to keep copies of your documents is a mistake that can come back to haunt you. Always make copies of everything you submit to the court. This ensures that you have a record of your filings and can reference them if needed in the future.
Some individuals forget to consider the implications of their divorce on children. If children are involved, it’s important to address parenting time and child support issues in your petition. Ignoring these aspects can lead to disputes later on, making the process more contentious.
Finally, not adhering to deadlines can cause significant issues. Be aware of all filing deadlines and court dates. Missing a deadline can affect your case and may even result in the dismissal of your petition. Stay organized and keep a calendar to track important dates related to your divorce.
When filing for divorce in Arizona, several forms accompany the Divorce Petition to ensure a smooth process. Each document serves a specific purpose and may be required based on individual circumstances. Below is a list of commonly used forms that often accompany the Arizona Divorce Petition.
Each of these documents plays a vital role in the divorce process in Arizona. Properly completing and submitting them can help avoid delays and complications. It is advisable to consult with a legal professional if there are any uncertainties about these forms or the filing process.
The Arizona Divorce Petition form is similar to several other legal documents. Here are ten documents that share similarities with it:
When filling out the Arizona Divorce Petition form, it's important to approach the process with care. Here are five things you should and shouldn't do:
Filling out the petition correctly can save you time and potential issues down the line. Make sure to follow these guidelines closely.
Misconception 1: The Arizona Divorce Petition form can be used by anyone without legal knowledge.
This is not accurate. While individuals can file for divorce without a lawyer, the form is intended for those who understand the process. Using the form without proper knowledge may lead to mistakes that could complicate the divorce proceedings.
Misconception 2: Filing a divorce petition guarantees an immediate court date.
This misconception can lead to frustration. After submitting the petition, there is a process that must be followed, including serving the other spouse and waiting for their response. A court date is not automatically set upon filing.
Misconception 3: You must have a lawyer to file for divorce in Arizona.
While having legal representation can be beneficial, it is not a requirement. Many individuals choose to represent themselves. However, it is advisable to consult a lawyer for guidance to avoid potential pitfalls.
Misconception 4: All divorce petitions in Arizona are the same.
This is misleading. Divorce petitions can vary based on individual circumstances, such as whether children are involved or if there are issues related to property division. It's crucial to use the correct form that reflects your specific situation.
Filling out and using the Arizona Divorce Petition form requires attention to detail and an understanding of the process. Here are some key takeaways to keep in mind:
By following these guidelines, you can navigate the divorce process more effectively and ensure that your rights and interests are protected.