The Arizona Temporary Orders form is a legal document used to request temporary decisions from the court during ongoing family law cases. These orders can address important matters such as legal decision-making, parenting time, and support payments while the final judgment is pending. Understanding how to properly fill out and submit this form is crucial for ensuring your immediate needs are met during the legal process.
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The Arizona Temporary Orders form is an essential tool for individuals navigating legal proceedings related to family law. It allows either the Petitioner or the Respondent to request temporary court decisions on critical issues such as legal decision-making, parenting time for minor children, and financial support while a case is pending. These temporary orders are designed to provide immediate relief and direction, ensuring that necessary arrangements are in place until a final decree or judgment is reached. Importantly, these orders are not permanent and may differ from the final decisions made by the court. Individuals seeking temporary orders must have an active petition filed in Pima County Superior Court, which can relate to matters like dissolution of marriage, paternity, or support. The process involves completing specific forms, filing them with the court, and ensuring that the other party is properly notified. Given the complexities that can arise, seeking legal advice may be beneficial, especially for more complicated situations. Understanding how to effectively navigate the Temporary Orders process can significantly impact the outcome of your case.
TEMPORARY ORDERS
PRE-JUDGMENT or -DECREE
Packet # 13A
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.
GENERAL INFORMATION &
Frequently Asked Questions
What are Temporary Orders?
They are temporary decisions by the court. For example, they may include temporary decisions on legal decision-making and parenting time of minor child(ren) or support payments.
The important thing is that these are TEMPORARY.
These temporary decisions made by the court may or may not be the same as the decisions made in the final decree or judgment.
Who can ask for Temporary Orders?
Either the Petitioner or the Respondent can request Temporary Orders.
You can only ask for temporary orders if you or the other party has filed a Petition in Pima County Superior Court. The petition can be for dissolution, paternity judgment, legal decision- making, parenting time, or support.
If there are ongoing proceedings in another court, you cannot file for temporary orders in Pima County.
Why might I need Temporary Orders?
It can take a long time from the start of your case to the time it is finalized. While you are waiting, temporary orders may be necessary to make sure that you and the other party does or does not do certain things.
You may want to ask for temporary orders if:
You need financial assistance for yourself or your child(ren) while the case is pending
The other party will not leave the family residence and you cannot live together
You need decisions about parenting time or legal decision-making
When can I ask for Temporary Orders?
You may file your request at the same time as you file your Petition or Response. The sooner you file, the sooner immediate issues—like having the other party leave the family home or getting financial assistance—can be addressed. Just remember, you can only request temporary orders in Pima County if a petition has been filed in Pima County.
If you are the petitioner, another good time to request temporary orders is when the other party
files a Response. This means the other party disagrees with some or all of what you asked for in your petition. It also means that the case may take longer to finalize. Temporary orders may make the other party more willing to settle because he or she may be ordered to make temporary payments that might not be included in the final decree or judgment.
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.
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.
How do I request Temporary Orders?
Step 1: Follow the instructions in this packet to fill out the necessary forms.
Step 2: Make 3 copies of:
OVerified Motion for Temporary Orders – required for all requests
ORequest for Temporary Orders Hearing Date – required for all requests
OOrder to Appear RE: Temporary Orders – required for all requests
ORelevant financial affidavit –
Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.
Child support only? Complete the Child Support Financial Affidavit.
OParent’s Worksheet for Child Support Amount – if you are asking for temporary child support. See Packet # 8, Child Support.
Step 3: File the papers 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 am to 9 pm, Monday through Friday, except legal holidays]. Arrive at the court at least an hour before it closes. Tell the clerk that you want to file temporary orders paperwork and schedule a
hearing. The clerk will take your original forms and one set of copies and will stamp your original Verified Motion Re: Temporary Orders and financial affidavit.
If you would like the paperwork returned to you by mail after the judge reviews your forms, provide a self-addressed, postage-paid envelope to the clerk. Otherwise you can pick the paperwork up later.
What do I do now?
After you file your request for temporary orders, a judge will review the forms, schedule a hearing, and issue an Order to Appear. If the situation is not an emergency (as specified on the Verified Motion) the court will schedule your hearing at the earliest available date, which may be in 4 to 6 weeks.
Approximately 10 days after you file, if a judge has signed your Order to Appear Re: Temporary Orders, you can pick up the forms at Superior Court, or the clerk of the court will mail the paperwork to you in the envelope you provided at the time you filed.
Do I need to let the other party know I requested Temporary Orders?
YES! You are responsible for making sure the other party receives copies of all your paperwork you file. This is called “service” and helps assure that the other party knows what is going on with the case. The court usually requires that you serve the other party at least 10 days before a scheduled hearing.
For proper service include:
1 copy of the Verified Motion for Temporary Orders
1 copy of the Order to Appear Re: Temporary Orders, signed by the judge
1 copy of your completed financial affidavit
Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.
Child support only? Complete the Child Support Financial Affidavit.
1 copy of all financial forms listed on the relevant financial affidavit
DO NOT file these documents.
1 blank copy of the financial affidavit(s), for the other party to complete
1 copy of the ARIZONA SUPERIOR COURT, PIMA COUNTY LOCAL RULE 8.5, included in this packet
For Petitioners: If you file your temporary orders request at the same time as you file your Petition, the request can be served along with your other Petition forms once you get the judge- signed Order to Appear. For more information, see Packet # 10, Service on the Other Party.
If you properly serve the other party but you file the Affidavit of Service before the hearing on temporary orders, bring a copy of the affidavit to the hearing.
If the other party has already filed a Response, you can mail the documents that must be served to the mailing address the other party used in the Response.
For Respondents: If the other party has filed a Petition, you can mail the documents that must be served to the mailing address used on the Petition.
What should I expect at my hearing?
At the hearing you and the other party will tell the court why temporary orders should or should not be granted. The hearing is generally short, lasting 30 minutes to an hour. If it needs to go longer the judge may continue it to a later date. After the hearing the judge will make a decision—either right then from the bench and tell you about it or by sending you a written
decision later.
Instructions for Completing
Verified Motion for Temporary
Orders, Pre-Judgment/Decree
This form is required for all Temporary Order requests.
The Caption
OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.
OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.
OPetitioner – Enter the Petitioner’s name.
ORespondent – Enter the Respondent’s name.
VERIFIED MOTION FOR TEMPORARY ORDERS
Tell the court what sort of temporary orders you want.
OCheck all boxes that apply
REQUIRED INFORMATION FROM ME, UNDER OATH: 1. Petition
OEnter the date the Petition was filed
2.No other orders
OCheck this box to assure the court that you do not know of any ongoing proceedings concerning this case happening outside Pima County. If this is not true, do not continue.
3.Minor Children
OWrite the name, date of birth, address, and county of residence of all minor children affected by this case.
THIS IS WHAT I WANT THE COURT TO ORDER
4. Legal Decision-Making for the minor child(ren) in common
OCheck if you want temporary orders concerning legal decision-making and you already
checked the “legal decision-making and parenting time” box at the top of the Verified Motion.
Check to request
OSole legal decision-making
OJoint legal decision-making
For more information, see Packet # 9, Parenting Plans.
5. Parenting Time for the minor child(ren) in common
OCheck if you want temporary orders concerning parenting time and you already checked the “legal decision-making and parenting time” box at the top of the Verified Motion.
OAttach a completed Parenting Plan. See Packet # 9.
6.Child Support for the minor child(ren) in common
OCheck if you want temporary orders concerning child support and you already checked the “child support” box at the top of the Verified Motion.
OAttach a completed Parent’s Worksheet for Child Support Amount. See Packet # 8, Child Support.
7.Spousal Maintenance
OCheck if you want temporary orders concerning spousal maintenance and you already checked the “spousal maintenance (alimony)” box at the top of the Verified Motion.
OAttach a completed Financial Affidavit, included in this packet.
By checking the box and attaching the affidavit you are telling the court that you currently lack sufficient property or income to provide for your reasonable needs and that the other party is employed or employable and financially capable of providing temporary spousal maintenance to you.
OWrite on the line the amount of temporary monthly spousal maintenance you are requesting.
8.Medical Insurance and/or Costs
OCheck if you want temporary orders concerning who will pay for you and the minor children’s temporary medical, dental, and health insurance, or for the out-of-pocket temporary medical, dental, and health expenses reasonably incurred by you and the
minor children.
9 a-b. Property
OCheck if you want orders concerning a temporary division of property and you already checked the “property and/or debt” box at the top of the Verified Motion.
OList the property that should be temporarily given to you.
OList the property that should be temporarily given to the other party.
10 a-b. Debts
OCheck if you want orders concerning the temporary assignment of debt and you already checked the “property and/or debt” box at the top of the Verified Motion.
OWrite the debts, amounts, and creditors that you will pay.
OWrite the debts, amounts, and creditors that the other party will pay.
11.Other Reasons and/or Other Requests
OCheck the box if you have any other reasons for temporary orders or any additional temporary order requests and you already checked the “other” box at the top of the
Verified Motion.
ODescribe the reason(s) and request(s) on the lines.
OATH AND VERIFICATION
ODO NOT SIGN the form except in front of a notary. When you file the papers with the court, sign the form in front of the clerk. The clerk will notarize your signature for free. You must bring a valid, government-issued picture ID (such as a driver’s license) so the clerk knows whose signature is being verified.
OYou can write your name on the first line and check whether you are “Petitioner” or “Respondent,” but do not sign.
Name: ___________________________________
Address: _________________________________
City, State, ZIP: ____________________________
Daytime Telephone No: ______________________
Representing Self, Without a Lawyer
ARIZONA SUPERIOR COURT, PIMA COUNTY
Case No._______________
_____________________________________
Petitioner
VERIFIED MOTION FOR
TEMPORARY ORDERS [PRE]
v.
(Check all that apply)
For Legal Decision-Making and
Parenting Time
For Child Support
______________________________________
For Spousal Maintenance (alimony)
Respondent
For Property and/or Debt
Other
REQUIRED INFORMATION FROM ME, UNDER OATH, CHECK ALL THAT APPLY:
1.Information about the Petition for Dissolution (divorce) or Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support. (NOTE: You cannot request a temporary or a temporary/emergency order unless you or the other party has completed and filed a Petition for Dissolution of Marriage or a Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support.)
Date petition was filed: ________________________________
The allegations of the Petition for Dissolution or the Petition for Paternity with Legal Decision- Making, Parenting Time, and Child Support are incorporated herein by reference.
2.(You must check here, and this must be true) To the best of my knowledge, no temporary orders regarding these matters have been entered in any other court, and no court proceedings are pending for temporary orders.
3.The minor children affected by this Petition, if any, are:
(include an additional page, if necessary)
Name __________________________
Name ___________________________
Date of Birth _____________________
Date of Birth ______________________
Address _________________________
Address __________________________
________________________________
_________________________________
County of residence _______________
County of residence ________________
THIS IS WHAT I WANT THE COURT TO ORDER:
4. LEGAL DECISION-MAKING FOR THE MINOR CHILD(REN) IN COMMON:
I am the fit and proper person to be awarded temporary sole legal decision- making of the minor child(ren) and such legal decision-making is in the best interests of the child(ren).
I believe that both parents are fit and proper persons to be awarded temporary joint legal decision-making for the minor child(ren) and such legal decision-making is in the best interest of the child(ren).
5. PARENTING TIME FOR THE MINOR CHILD(REN) IN COMMON:
Each party should be granted reasonable temporary parenting time as described in the attached Parenting Plan.
6. CHILD SUPPORT FOR THE MINOR CHILD(REN) IN COMMON:
An order requiring the opposing party to pay to me a reasonable sum for temporary
child support as determined by the Arizona Child Support Guidelines, according to the Parent’s Worksheet for Child Support that is attached.
7.SPOUSAL MAINTENANCE:
a.Attached is a Financial Affidavit showing that I currently lack sufficient property or income to provide for my reasonable needs.
b.The other party is employed or employable and is financially capable of providing temporary spousal maintenance to me.
c.An order requiring temporary spousal maintenance in the amount of $ ________
per month.
8.MEDICAL INSURANCE AND/OR COSTS:
An order requiring a party to provide temporary medical, dental, and health insurance for my benefit and for the children, and how the uncovered medical, dental, and health expenses incurred will be paid.
9.PROPERTY: (include an additional page, if necessary)
a.To me: __________________________________________________________
________________________________________________________________
b.To the other party:_________________________________________________
10.DEBTS: (include an additional page, if necessary)
a.I Should Pay:
DEBTAMOUNTCREDITOR
__________________ _________________ _________________
Filling out the Arizona Temporary Orders form is an important step in addressing immediate needs while your case is pending. After submitting your request, a judge will review your forms and schedule a hearing. This process is designed to ensure that your concerns are heard in a timely manner.
After filing, you must ensure that the other party receives copies of all your paperwork. This is known as "service." It is essential to serve them at least 10 days before the scheduled hearing. Once the judge reviews your request, you will receive an Order to Appear, and a hearing will be scheduled.
Temporary Orders are short-term decisions made by the court during legal proceedings. They can address important issues such as legal decision-making, parenting time for minor children, or support payments. It is crucial to understand that these orders are temporary and may differ from the final decisions made in the case. They serve to provide immediate relief or structure while the case is ongoing.
Both the Petitioner and the Respondent have the right to request Temporary Orders. However, this request can only be made if a Petition has already been filed in Pima County Superior Court. This Petition could be for various matters, including dissolution of marriage, paternity judgment, legal decision-making, parenting time, or support. If there are existing proceedings in another court, you are not permitted to file for Temporary Orders in Pima County.
Legal cases can take a considerable amount of time to resolve. During this period, Temporary Orders may be essential to ensure that both parties adhere to specific conditions. You might find it necessary to seek Temporary Orders if you require financial support for yourself or your children while the case is pending, if you cannot live together due to one party's refusal to leave the family home, or if you need immediate decisions regarding parenting time or legal decision-making.
To request Temporary Orders, follow these steps: First, fill out the necessary forms as instructed in the packet. Next, make three copies of the required documents, including the Verified Motion for Temporary Orders and the Order to Appear. Then, file these documents with the court at the Superior Court Building in Tucson. Arrive at least an hour before closing time to ensure your paperwork is processed. After filing, a judge will review your request and schedule a hearing, which could take several weeks depending on the court's schedule.
Yes, you must inform the other party about your request for Temporary Orders. This process is known as "service," and it ensures that the other party is aware of the proceedings. The court typically requires that you serve the other party at least 10 days before the scheduled hearing. This involves providing them with copies of your paperwork, including the Verified Motion for Temporary Orders and any financial affidavits. Proper service is crucial for the case to proceed smoothly.
Filling out the Arizona Temporary Orders form can be a daunting task, and mistakes can lead to delays or complications in your case. One common error is failing to provide complete and accurate information. When filling out the forms, it’s essential to ensure that all sections are filled out thoroughly. Missing details can result in the court returning your paperwork, causing unnecessary delays in your proceedings.
Another mistake often made is not understanding the nature of temporary orders. These orders are meant to address immediate needs and are not permanent solutions. Some individuals mistakenly believe that the temporary orders will reflect the final outcome of their case. It’s important to remember that these decisions can change once the final decree is issued, so setting realistic expectations is crucial.
Many people also overlook the requirement to serve the other party with the necessary documents. Proper service is a critical step in the process. If you fail to notify the other party about the temporary orders request, the court may not proceed with your hearing. This oversight can lead to further complications, so it’s vital to ensure that all required documents are served correctly and in a timely manner.
Additionally, individuals often forget to make the required copies of their documents. The Arizona Temporary Orders form packet specifies that multiple copies must be made before filing. Not having enough copies can hinder the filing process and delay your case. It’s a good practice to double-check the requirements and ensure you have all necessary copies ready before heading to the court.
Lastly, a common mistake is not preparing adequately for the hearing. Many individuals underestimate the importance of being ready to present their case. This includes gathering relevant documentation and understanding the points they wish to make during the hearing. Being unprepared can affect the judge's decision, so taking the time to organize your thoughts and evidence is essential.
When navigating the Arizona Temporary Orders process, several other forms and documents are often required. Each of these documents plays a crucial role in ensuring that your request for temporary orders is properly processed and considered by the court. Below is a list of these essential documents.
Gathering these documents is a vital step in the process of requesting temporary orders. Each form serves a specific purpose, contributing to the clarity and efficiency of your case. Make sure to complete and file them accurately to facilitate a smooth experience in court.
The Arizona Temporary Orders form shares similarities with several other legal documents. Each of these documents serves a specific purpose in family law proceedings. Below is a list of six documents that are comparable to the Arizona Temporary Orders form, along with their respective similarities:
When filling out the Arizona Temporary Orders form, it’s essential to approach the process with care and attention. Here’s a helpful list of things you should and shouldn’t do:
By following these guidelines, you can navigate the Temporary Orders process with greater confidence. Remember, this is a significant step in your legal journey, and taking the time to do it right can make all the difference.
Misconceptions about the Arizona Temporary Orders form can lead to confusion and delays in the legal process. Below is a list of common misunderstandings along with clarifications to help you navigate this situation more effectively.
Understanding these misconceptions can help you approach the process with clarity and confidence. Always ensure you are informed and prepared as you navigate your legal journey.
When filling out and using the Arizona Temporary Orders form, it's important to understand several key aspects to ensure a smooth process. Here are some essential takeaways:
Understanding these points will help navigate the process of requesting temporary orders in Arizona more effectively.