The Arizona Drdc10F form is a legal document used in Yavapai County for individuals seeking a dissolution of marriage, particularly when minor children are involved. This form requires detailed information about both spouses, their marriage, and any children, property, and debts associated with the marriage. For those ready to move forward, filling out this form is a crucial step; click the button below to get started.
The Arizona DRDC10F form serves as a crucial document for individuals seeking a dissolution of marriage in Yavapai County, particularly when minor children are involved. This form captures essential information about both spouses, including their names, addresses, and occupations, as well as their respective lengths of residency in Arizona. It is important to note that the form differentiates between community and separate property acquired during the marriage, allowing parties to specify how they wish to divide their assets and debts. Additionally, it addresses the sensitive topic of spousal maintenance, or alimony, by providing options for individuals to declare their entitlement based on various circumstances, such as financial need or caregiving responsibilities. The form also includes a section dedicated to children under the age of 18, where parents must provide details about their children’s living arrangements and parental status. By requiring these disclosures, the DRDC10F form not only facilitates the legal process of divorce but also ensures that the best interests of any minor children are taken into consideration during the proceedings.
Name:
Mailing Address:
Daytime Telephone:
Representing Self, Without a Lawyer
IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY
In re the marriage of
DO
ATLAS #
PETITION FOR DISSOLUTION
Petitioner
OF A NON-COVENANT MARRIAGE
and
WITH MINOR CHILDREN
and Request for Order of Paternity
Respondent
STATEMENTS TO THE COURT, UNDER OATH
1.INFORMATION ABOUT ME, THE PETITIONER
Date of Birth:
Address:
Occupation:
How long I, the Petitioner, have lived in Arizona:
yrs.
mos.
[ ]
The Petitioner is enlisted in the military, and
[ ] has OR
[ ] has not been
deployed for at least one day during the past 6 months.
2.INFORMATION ABOUT MY SPOUSE, THE RESPONDENT
How long my spouse, the Respondent, has lived in Arizona:
The Respondent is enlisted in the military, and
[
] has OR
[ ] has not
been
3.INFORMATION ABOUT OUR MARRIAGE
Date of Marriage:
City and state or country where married:
We do not have a covenant marriage.
4.90-DAY RESIDENCY REQUIREMENT
[ ] I have, and/or [ ] my spouse has, lived or been stationed while a member of the Armed Forces, in Arizona for at least 90 days before my spouse filed this action. (IF THIS STATEMENT IS
NOT TRUE, YOU CANNOT FILE FOR DIVORCE UNTIL IT BECOMES TRUE.)
Superior Court of Arizona in Yavapai County
Page 1 of 11
DRDC10f
JULy 2010
INFORMATION ABOUT PROPERTY AND DEBTS:
5a. PROPERTY ACQUIRED DURING THE MARRIAGE:
]
My spouse and I did not acquire any community property during the marriage.
My spouse and I acquired community property during our marriage, and we should divide it
as follows: (List the property and the value of the property, and check the box to tell the Court
who you believe should get the property.)
DESCRIPTION OF PROPERTY/
HUSBAND
WIFE
SELL &
VALUE OF PROPERTY:
SPLIT
Real estate address:
Legal Description:
Household furniture and appliances:
Household furnishings:
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Other items:
Pension/retirement fund/profit sharing/
stock plan/401K:
Motor vehicles:
Make
Model
VIN
Lien Holder
5b. PROPERTY ACQUIRED BEFORE MARRIAGE (Separate Property):(check all boxes that apply)
I do not have any property that I brought into the marriage.
My spouse does not have any property that he or she brought into the marriage.
I have property that I brought into the marriage. I want this property awarded to me as
described it below:
My spouse has property that he or she brought into the marriage. I want this property
awarded to my spouse as described below:
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Separate Property: (List the property and the value of the property, and check the box to tell the Court who should get the property.)
6a. DEBTS INCURRED DURING THE MARRIAGE:
My spouse and I did not incur any community debts during the marriage.
We should divide the responsibility for the debts incurred during the marriage as follows:
DESCRIPTION OF DEBT/
AMOUNT OF DEBT:
6b. SEPARATE DEBTS: (check all boxes that apply)
My spouse and I do not have any debts that were incurred prior to the marriage, OR
I have separate debt that I incurred prior to the marriage that should be paid by me as
described below:
My spouse has separate debt that he or she or incurred prior to the marriage that should be
paid by my spouse as described below:
7.TAX RETURNS:
After the Judge or Commissioner signs the Decree of Dissolution of Marriage (Divorce), we will pay federal and state taxes as follows:
[ ] For previous years (the years we were married, not including the year the Decree is signed), the parties will file joint federal and state income tax returns.
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For previous calendar years, both parties will pay and hold the other harmless from
half of all additional income taxes if any and other costs, and each will share equally
in any refunds.
For the calendar year (the year that the Decree is signed) and all future calendar
years, each party will file separate federal and state income tax returns. Each party
will give the other party all necessary documentation to do so.
8.SPOUSAL MAINTENANCE (ALIMONY) (check the box that applies to you):
Neither party is entitled to Spousal Maintenance (alimony), OR
Petitioner OR [ ] Respondent is entitled to Spousal Maintenance because: (Check one or
more of the box(es) below that apply. At least one reason must apply to get spousal
maintenance.)
Person lacks sufficient property to provide for his or her reasonable needs;
Person is unable to support himself or herself through appropriate employment;
Person is the custodian of a child(ren) whose age or condition is such that the person
should not be required to seek employment outside the home;
Person lacks earning ability in the labor market adequate to support himself or
herself;
Person contributed to the educational opportunities of the other spouse or had a
marriage of long duration and is now of an age that precludes the possibility of
gaining employment adequate to support himself or herself. AND
Spousal maintenance shall be modifiable in accordance with Arizona law, OR
The parties acknowledge that the circumstances of their futures are unknown, but each
desires that this maintenance award not be modifiable in the future for any reason.
Therefore, it is ordered at this time that this spousal maintenance award shall not be
modifiable for any reason.
9.CHILD(REN) OF THE PARTIES WHO ARE LESS THAN 18 YEARS OLD:
The following child(ren) are under age 18 and were born during the marriage or adopted by me and my spouse: (attach extra pages if necessary)
Child’s Name:
Birth date:
Length of time at address:
Names and addresses of persons lived with for the past five (5) years:
Present addresses of person(s) lived with:
The [ ] Petitioner
OR [ ] Respondent is not the biological or adoptive
parent.
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[ ] The [ ] Petitioner OR [ ] Respondent is not the biological or adoptive parent
[ ] The [ ] Petitioner OR [ ] Respondent is not the biological or adoptive parent.
Address :
The following child(ren) are under age 18 and were born prior to the marriage and are common to me and my spouse: (attach extra pages if necessary)
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10. CUSTODY OR PARENTING TIME CASES INVOLVING THE MINOR CHILD(REN):
[ ] I HAVE [ ] I HAVE NOT been a party or a witness in court, in this state or any other state, involving the custody or parenting time of any child(ren) named above. (If so, explain below, using extra pages if necessary.)
Name of child:
Court state:
Court location:
Court case number:
Status :
How the child is involved:
Summary of any court order:
11.PENDING/PAST CASES RELATED TO MINOR CHILD(REN): (check one box)
[ ] I DO [ ] I DO NOT know of any court case, in this state or any other state, that could affect this case, including enforcement, domestic violence, protective orders, drugs, sexual offenses, termination of parental rights and adoptions. (If so, explain below, using extra pages if necessary.
Status:
Nature of the proceeding:
Date of conviction:
12.CUSTODY OR PARENTING TIME CLAIMS OF ANY OTHER PERSON: (Check one box)
I KNOW
[ ] I DO NOT KNOW the name and address of any person, other than the Petitioner
or the Respondent, who has physical custody of the child(ren) or claims rights of legal custody,
physical custody or parenting time of any child(ren) named above. (If so, explain below, using extra
pages if necessary.)
Name of each child:
Name of person with the claim:
Address of person with the claim:
Nature of the claim:
13.
PREGNANCY AND PATERNITY:
Wife is not pregnant, OR
Wife is pregnant: Due date
AND,
The Petitioner and Respondent are the parents of the child, OR
Petitioner is not the parent of the child,
OR
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Respondent is not the parent of the child.
A child or children was/were born before the marriage. The husband is
the father of that child/those children named below:
14.WRITTEN AGREEMENTS, CHECK ONLY IF TRUE:
For our child(ren), my spouse and I have a written agreement signed by both of us about:
Custody;
Parenting time;
Child support.
My spouse and I have a written agreement not related to the child(ren) and signed by both of
us about
.
I am filing the ORIGINAL Agreement.
15.
The Attorney General's office is involved in this case (TANF, IV-D, etc.).
OTHER STATEMENTS TO THE COURT UNDER OATH: You must tell the Court the truth. Lying to the Court is a crime and the Court can punish you for lying. To file for divorce, you must be able to tell the Court that the following statements are true. If the statements are not true, you cannot file for divorce until the statements are true. Check the box in front of each statement if the statement is true.
STATUS OF MARRIAGE AND CONCILIATION:
TRUE: My marriage is irretrievably broken and there is no reasonable prospect of
reconciliation. (My marriage is over.)
TRUE: The conciliation requirements under Arizona law, A.R.S. 25-381.09 either
do not apply or have been met.
TRUE: This Court has jurisdiction to decide child custody matters under Arizona
law.
REQUESTS TO THE COURT:
1.DISSOLUTION (DIVORCE):
Dissolve the parties' marriage and return each party to the status of a single
person;
2.NAMES:
Restore [ ] wife [ ] husband to her or his former name of
WARNING: If you are not the person who is requesting to have your former name restored, the Court must have a written request from the party who wants his or her name restored to change the name.
3.SPOUSAL MAINTENANCE (ALIMONY):
[ ] Neither party shall pay spousal maintenance (alimony) to the other party, OR
] Petitioner OR [ ] Respondent is ordered to pay the other party the sum of
$
per month spousal maintenance BEGINNING
AFTER THE Decree is signed. Each payment shall be made by the first day of each
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month thereafter and shall continue until [ ] the receiving party is remarried or deceased OR
[ ] until (date). All payments shall be made through the Clerk of the
Court by automatic wage assignment until all required payments have been made under the Decree. Payments made shall be included in receiving spouse's taxable income and are tax deductible from the paying spouse's income as required by law.
[ ] In accordance with the parties' agreements,
[ ] The spousal maintenance award shall be modifiable in accordance with Arizona law, OR
[ ] The spousal maintenance award shall NOT be modifiable for any reason.
4.COMMUNITY PROPERTY:
Make a fair division of all community property as requested in this Petition.
5.COMMUNITY DEBTS:
[ ] Order each party to pay community debts as requested in the Petition, and to pay any other community debts unknown to the other party. Order each party to pay and hold the other party harmless from debts incurred by him or her since the parties separation
on
6.SEPARATE PROPERTY:
[ ] Award each party his or her separate property.
7.PATERNITY: Declare the husband to be the father of the following named child(ren) born before the marriage and (optional) change the legal name of those children to the name listed below:
Current legal name
Change legal name to:
8.AWARD CHILD CUSTODY AND PARENTING TIME as follows:
SOLE CUSTODY: Sole custody of the minor child(ren) awarded to [ ] Petitioner or
Respondent subject to parenting time for the noncustodial parent as follows:
1.
Reasonable parenting time pursuant to the Yavapai County Child Access
Guidelines;
2.
Reasonable parenting time pursuant to the attached Parenting Plan;
3.
Supervised parenting time. Supervised parenting time is in the best
interest(s) of the child(ren) because unrestricted parenting time would
seriously endanger the child(ren)'s physical, mental, moral or emotional
health. These facts support my claim:
Name of person who will supervise:
The cost of supervised parenting time shall be paid by [ ] Petitioner
[ ] Respondent
[ ] shared equally.
4.
No parenting time: (check and explain ONLY if you want the other party
to have no parenting time): No parenting time between the child(ren) and
the other party is in the best interests of the child(ren) because any parenting
time would seriously endanger the child(ren)'s physical, mental, moral or emotional health.
These facts support my claim:
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[ ] JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the minor child(ren) as set forth in the Joint Custody Agreement. (A Joint Custody Agreement
signed by both parents must be attached)
AND
Domestic violence has not occurred during this relationship;
Domestic violence has not been significant. However, domestic violence has
occurred as described in the Petition for Order of Protection(s) filed or as described below:
[ ] Joint custody is in the best interest of the child(ren) even though domestic violence has occurred because:
Furthermore, the [ ] Petitioner AND/OR [ ] Respondent has/have taken classes, participated in counseling or taken steps to avoid further domestic violence as described below:
9.CHILD SUPPORT: Support payments will begin on the first day of the first month following the entry of the Dissolution Decree. These payments, and a fee for handling, will be paid through the Clerk of the Court/Clearinghouse and collected by automatic wage assignment.
Order that child support shall be paid by [ ] Petitioner OR [ ] Respondent in a
reasonable amount as determined by the Court under the Arizona Child Support
Guidelines and according to the Parent’s Worksheet, which shall be filed with this
Petition.
Order that child support be paid in an amount that deviates from the Guidelines
because:
Application of the Guidelines is inappropriate or unjust because:
The parties have signed a written agreement free of duress and coercion with
knowledge of the amount of support that would have been ordered by the
Guidelines but for the agreement. A copy of the agreement is attached.
10.HEALTH, MEDICAL, DENTAL INSURANCE AND HEALTH CARE EXPENSES FOR CHILD(REN): Order that [ ] Petitioner or [ ] Respondent shall pay for health, medical, dental insurance coverage
for the child(ren) under the age of 18 years, and that [ ] Petitioner or [ ] Respondent shall pay for all reasonable unreimbursed medical, dental, health-related expenses incurred for the child(ren) in proportion to their respective incomes as described on the Parent’s Worksheet, which shall be filed with this Petition.
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After completing the Arizona DRDC10F form, you will need to file it with the Superior Court in Yavapai County. Ensure that all sections are filled out accurately to avoid delays in processing your petition. Gather any necessary supporting documents before submission.
What is the purpose of the Arizona DRDC10F form?
The Arizona DRDC10F form is used to initiate a divorce process for non-covenant marriages in Yavapai County. This form allows the petitioner to provide necessary information about themselves, their spouse, and their marriage. It includes details about residency requirements, property, debts, and any minor children involved. By completing this form, the petitioner formally requests the court to dissolve the marriage and address related matters such as child custody and division of assets.
Who can file the Arizona DRDC10F form?
Any individual who is a resident of Arizona and is seeking a divorce from a non-covenant marriage can file the Arizona DRDC10F form. The petitioner must have lived in Arizona for at least 90 days prior to filing. If the petitioner is a military member, they must also indicate their deployment status. It’s essential to ensure that all information is accurate and complete to avoid delays in the divorce process.
What information is required on the form?
The form requires detailed information about both parties, including names, addresses, dates of birth, and occupations. It also asks about the duration of residency in Arizona and military deployment status. Additionally, the form requires information about the marriage, such as the date and location of the marriage, as well as any children under 18 years old. It also covers property and debts acquired during the marriage, allowing both parties to specify how they wish to divide these assets and responsibilities.
What happens after submitting the DRDC10F form?
After submitting the DRDC10F form, the court will schedule a hearing to review the petition for dissolution of marriage. Both parties may need to provide additional documentation or information as required by the court. Once the court reviews the case and all necessary information has been provided, a judge will issue a decree of dissolution, finalizing the divorce and addressing issues such as child custody, property division, and spousal maintenance.
Filling out the Arizona DRDC10F form can be a daunting task. Many individuals make common mistakes that can delay the process or even jeopardize their case. Understanding these pitfalls can help ensure a smoother experience.
One frequent error is failing to provide complete information about both parties. This includes names, addresses, and dates of birth. Inaccurate or missing details can lead to complications. It is essential to double-check this information before submission.
Another common mistake is neglecting to indicate military status accurately. If either party is in the military, it is crucial to clarify their deployment status. Misrepresenting this information can result in legal issues down the line.
People often overlook the 90-day residency requirement. If the petitioner or respondent has not lived in Arizona for at least 90 days prior to filing, the court cannot process the divorce. This requirement is non-negotiable and must be met for the case to proceed.
When detailing property acquired during the marriage, individuals sometimes fail to list all community property. It is vital to account for every asset and its value. Omitting property can lead to disputes and further complications in the divorce proceedings.
Another mistake involves the section on debts incurred during the marriage. Some individuals may mistakenly claim that no debts exist when, in fact, they do. It is important to be honest and thorough when listing debts to avoid future liability issues.
Many people also forget to address separate property. If either party brought assets into the marriage, they must specify these items clearly. Failing to do so can result in the loss of rights to those assets.
Tax returns are another area where mistakes can occur. Individuals often misunderstand how to handle taxes for the years of marriage. Properly indicating whether to file jointly or separately is crucial to avoid potential tax liabilities.
Additionally, spousal maintenance is sometimes mishandled. Individuals may fail to check the appropriate boxes or provide sufficient justification for their claims. Clear communication regarding financial needs is necessary to support any request for maintenance.
Lastly, when listing children from the marriage, it is essential to provide accurate and complete information. Failing to include all children or providing incorrect details can complicate custody and support arrangements.
By being mindful of these common mistakes, individuals can better navigate the complexities of the Arizona DRDC10F form. Attention to detail and thoroughness are key to ensuring a successful filing.
The Arizona DRDC10F form is a petition for the dissolution of a non-covenant marriage, particularly when minor children are involved. It outlines essential information about the parties, their marriage, property, debts, and child custody arrangements. Several other documents are often used in conjunction with this form to ensure a comprehensive legal process. Below is a list of these documents, each accompanied by a brief description.
These documents work together to create a complete picture of the circumstances surrounding the dissolution of marriage. Properly completing and submitting each form can help facilitate a smoother legal process and ensure that all parties' rights and responsibilities are clearly defined.
When filling out the Arizona DRDC10F form, consider the following guidelines to ensure accuracy and completeness.
Misconception 1: The DRDC10F form is only for couples with a covenant marriage.
Many people mistakenly believe that the DRDC10F form is exclusively for couples in a covenant marriage. In reality, this form is designed for non-covenant marriages. It clearly states that the parties do not have a covenant marriage, making it applicable to a wider range of divorce situations.
Misconception 2: You can file for divorce without meeting residency requirements.
Some individuals think they can file for divorce in Arizona regardless of their residency status. However, the form explicitly requires that at least one party has lived in Arizona for a minimum of 90 days before filing. If this condition isn't met, the filing cannot proceed.
Misconception 3: The form does not address child custody and support.
Another common misunderstanding is that the DRDC10F form overlooks issues related to child custody and support. While the form primarily focuses on the dissolution of marriage, it does include sections for detailing children under 18 years old and their living arrangements, which can play a crucial role in custody discussions.
Misconception 4: Completing the form is enough for a successful divorce.
Many believe that simply filling out the DRDC10F form guarantees a successful divorce. However, it's essential to understand that completing the form is just one step in the process. Parties must also follow court procedures, attend hearings if required, and comply with any additional legal requirements to finalize the divorce.
Ensure you provide accurate personal information. This includes your name, address, and occupation. Missing or incorrect details can delay your case.
Understand the residency requirement. You or your spouse must have lived in Arizona for at least 90 days before filing for divorce. If this isn’t true, you cannot file.
Clearly list all community property and debts. Be specific about what you and your spouse own together and how you wish to divide it. This helps the court understand your requests.
Separate property needs to be identified. If you brought any property into the marriage, indicate that clearly. This can affect how property is divided.
Be prepared to discuss spousal maintenance. Decide whether either party is entitled to alimony and provide reasons why. This can influence the final agreement.
Include information about any minor children. List their names, birth dates, and addresses. The court needs this to make decisions regarding custody and support.