Revised 11.16.18
DIVORCE
WITH MINOR CHILDREN
For Petitioner Only
(When Parties DO NOT AGREE to all terms of the Divorce)
PINAL COUNTY
NON-COVENANT MARRIAGE
TO FILE FOR DISSOLUTION (DIVORCE)
OF MARRIAGE WITH CHILDREN
STEP 1
(Please complete step one before proceeding to the next step)
INSTRUCTIONS AND FORMS
Provided as a Public Service by
AMANDA STANFORD
Clerk of the Superior Court
Reset Form
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DIVORCE WITH MINOR CHILDREN
This packet contains general information and instructional forms for filing a divorce petition
for a non- covenant marriage and other court papers when there are minor children. Be sure
this packet contains the following documents:
Order
Title
# of Pages
1
Table of Contents (this page)
1
2
Representing Yourself in Family Court
3
3
Procedures: How to file Divorce Papers with the Court
7
4
Summons
2
5
Notice Regarding Creditors
3
6
Notice of Right to Convert Health Insurance
2
7
Court Order for Parent Education Class & Conciliation Services
2
8
Child Support Calculator for Parents Worksheet
1
9
Parenting Plan
10
10
Affidavit Regarding Minor Children
3
11
Preliminary Injunction
3
12
Sensitive Data Sheet (*NO COPIES REQUIRED)
2
13
Family Court Cover Sheet (*NO COPIES REQUIRED)
3
14
Petition for Dissolution of Non-Covenant Marriage
(Divorce) with Minor Children
16
*NO COPIES REQUIRED. File original only. Do not serve on other party.
You have permission to use these documents for any lawful purpose. These forms shall not be used
to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no
liability for actions taken by users of these documents, including reliance on their contents. The
documents are under continual revision and are current only for the day they were received. It is
strongly recommended that you verify on a regular basis that you have the most current documents.
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REPRESENTING YOURSELF IN FAMILY COURT
This brief guide provides some very basic information to help you understand the proceedings.
It does not tell you everything about family law or family court, and it is no substitute for understanding
Title 25 of the Arizona Revised Statutes, the Arizona Rules of Family Law Procedure, and the Arizona
Rules of Evidence. For more information, you should go to the Pinal County Superior Court website
(www.pinalcountyaz.gov/Departments/JudicialBranch/) or consult a lawyer.
Proceedings in Family Court
Proceedings in Family Court follow the
Arizona Rules of Family Law Procedure
.
In a divorce or paternity case, you may be referred to an Expedited Differentiated Case
Management Conference, Mediation, Family Assessment, or a Settlement Conference (sometimes called
an Alternative Dispute Resolution or “ADR”). These proceedings are designed to help the parties reach
agreement on all or some of their disputes. They generally are not conducted by your assigned Judge.
You may also have to appear before the Judge for a pretrial hearing. The most common pretrial
hearings are (1) a
Resolution Management Conference
, which helps the Judge manage the case by,
among other things, setting deadlines and a trial date; and (2) a
Temporary Orders Hearing
, at which
the Judge may issue temporary orders to govern the case until the trial.
If you do not reach a settlement of all issues, there will be a
trial
. This is the single hearing
where the Judge will hear your evidence and make final decisions on disputed issues.
Disclosure and Discovery
To help parties prepare for the trial, the Arizona Rules of Family Law Procedure have
disclosure
and
discovery
requirements.
Disclosure
requirements are in Rule 49. Each party must voluntarily provide certain
information to the other party. You have an obligation to disclose such information to the other party,
and you have a right to insist that the other party disclose such information to you. Failure to disclose
as required may result in sanctions, including being barred from offering evidence that was not timely
disclosed.
If you need information that is not voluntarily disclosed, you may engage in
discovery
, such as
requesting documents from a party or subpoenaing documents from non-parties. Rules 51 through 65
of the Arizona Rules of Family Court discuss the requirements for discovery.
What is a Trial?
A trial is the time for you and for the other party to present
evidence
on disputed issues.
General Issues If Children Are Involved in Your Case:
Legal decision-making (authority over major matters concerning the children).
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Parenting time (what time each parent will spend with the children).
Child support.
Additional Issues If Your Case Involves a Divorce:
Spousal maintenance.
Division of community property and allocation of debts.
The Judge will decide these issues based on the evidence presented during the trial.
Only
evidence you bring to the trial will be considered
.
After the trial, the Judge may issue a ruling in open court or may take the case “under
advisement,” which means that the Judge will issue a written ruling at a later time.
The judge’s ruling may be a signed
decree
or
judgment
, which officially concludes the case. If
the judge chooses, the judge may decide disputed issues and then require one or both of the parties to
submit a decree for the judge’s signature.
Preparing for The Trial
When preparing for the trial, it is critical that you read the judge’s minute entries carefully. The
minute entries typically contain the Judge’s requirements for the trial. These requirements may
include:
(1) Submitting a
pretrial statement
that describes the issues in the case and lists your witnesses and
exhibits; and (2) Giving copies of your
exhibits
to the Clerk and to the other party before the trial.
Many Judges impose
time limits
at the trial. It is your responsibility to make sure you present
all your evidence in the time allotted.
What Happens During the Trial?
The main thing that happens during the trial is the presentation of
evidence
. The Judge will
make decision based on the evidence presented during the trial. Evidence is generally of two kinds: (1)
Witness testimony and (2) Documents.
When you call a
witness
to testify, you must ask the witness questions. A witness may only
answer questions that are asked. When the party who called a witness is done with questioning, the
other party may “cross-examine” the witness by asking additional questions.
A party may testify as a witness on his or her own behalf. However, while a witness is on the
stand, the parties may only ask questions. Arguing with a witness or commenting on the answers is not
allowed.
Documents
may be evidence at the trial, but you must follow the proper procedure. Before the
trial (usually 5 days before), you must give documents that you want to use to the Clerk of the Court to
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be “marked” with an exhibit number. However, marking an exhibit does not mean it is evidence. Rather,
during the trial, you must “offer” the exhibit by asking the judge to admit it into evidence. The judge
then decides whether to admit the evidence. The judge will consider only evidence that is
admitted
.
Proper Court Behavior
Although family cases are often emotional, it is important that everyone act in an orderly and
respectful way in court. Here are some “Do’s and Don’ts:”
Do dress appropriately. Don’t wear hats, sunglasses, tank tops, shorts, or flip-flops.
Do wait your turn to speak. Don’t interrupt while someone else is talking.
Do treat others with respect. Don’t curse, make faces, or engage in confrontational behavior.
Do be honest and candid with the judge.
Do make sure that friends and family who accompany you sit quietly. They are not allowed to
speak unless called as a witness, and then only when they are testifying.
For Additional Information
This guide presents very basic information. For additional information, read the applicable
statutes and rules, visit the Pinal County Superior Court website
(www.pinalcountyaz.gov/Departments/Judicial Branch) and if necessary, consult a lawyer.
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PROCEDURES
How to File Papers with the Court for Dissolution of a Non-Covenant Marriage (Divorce)
With Minor Children
STEP 1: COMPLETE FORMS
TYPE OR PRINT IN BLACK INK
PLEASE DO NOT LEAVE ANY QUESTIONS BLACK
Please answer all questions.
If a question does not apply to your case mark N/A” next to the question. By marking
“N/A” next to the question this informs the Judge or court that a question was “not
applicable” and did not apply to your case or situation.
If there is a question that is not known to you, please indicate “unknown to me”.
STEP 2: SIGN, DATE AND NOTARIZE DOCUMENTS
Documents must be signed and dated in front of ANY Notary Public.
Please look over your documents to ensure all questions have been answered prior to having
your documents notarized.
Please make sure you have a US issued photo ID or driver’s license with you when having
your documents notarized.
STEP 3: MAKE COPIES OF DOCUMENTS
AFTER your documents have been signed, dated and notarized make two (2) copies of the
following documents:
Summons
Notice Regarding Creditors
Notice of Right to Convert Health Insurance
Parents Worksheet for Child Support Amount
Parenting Plan
Order to Attend Parent Education Class
Affidavit Regarding Minor Children
Preliminary Injunction
Petition for Dissolution of Non-Covenant Marriage with Minor Children
Separate your documents into three (3) sets in the following order:
Set 1: ORIGINAL DOCUMENTS
1. Summons
2. Notice Regarding Creditors
3. Notice of Right to Convert Health Insurance
4. Parents Worksheet for Child Support Amount
5. Parenting Plan
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6. Order to Attend Parent Education Class
7. Affidavit Regarding Minor Children
8. Preliminary Injunction
9. Sensitive Data Sheet
10. Family Court Cover Sheet
11. Petition for Dissolution of Non-Covenant Marriage with Minor Children
Set 2: COPIES FOR YOU THE PETITIONER
1. Summons
2. Notice Regarding Creditors
3. Notice of Right to Convert Health Insurance
4. Parents Worksheet for Child Support Amount
5. Parenting Plan
6. Order to Attend Parent Education Class
7. Affidavit Regarding Minor Children
8. Preliminary Injunction
9. Petition for Dissolution of Non-Covenant Marriage with Minor Children
Set 3: COPIES FOR YOUR SPOUSE THE RESPONDENT
1. Summons
2. Notice Regarding Creditors
3. Notice of Right to Convert Health Insurance
4. Parents Worksheet for Child Support
5. Parenting Plan
6. Order to Attend Parent Education Class
7. Affidavit Regarding Minor Children
8. Preliminary Injunction
9. Petition for Dissolution of Non-Covenant Marriage with Minor Children
STEP 4: FILING FEES
There is a filing fee to file the Petition for Dissolution of Non-Covenant Marriage with Minor Children
and there may be other charges associated with this case. Please check online in our current Filing
Fees section to determine your fee.
DEFERRAL OR WAIVER OF FILING FEES: If you cannot pay these fees, you may qualify for
a deferral or waiver of fees. If you are seeking a deferral or waiver of fees, please have the Application
for Deferral or Waiver of Fees completed and submitted with your forms.
ONE of the following is required to be attached to the completed and notarized Application for
Deferral or Waiver of Fees:
A copy of your last two (2) paycheck stubs.
A notarized statement of non-employment. Any persons you are living with at this time who
is assisting you financially may sign a notarized document stating they are supporting you at
this time.
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If you receive Food Stamps, SSI, Unemployment or any governmental assistance we will need
a copy or your letter of assignment/award or verification of the amount of assistance you
receive each month.
STEP 5: FILE THE PAPERS WITH THE CLERK OF SUPERIOR COURT
FILING LOCATIONS / FILING IN PERSON / FILING BY MAIL
You may file your documents at any of the Clerk of the Superior Court Locations:
Florence (Main Office) 971 Jason Lopez Circle Bldg. A, Florence, AZ 85132
Open Mon-Fri 8:00 to 5:00
Casa Grande 820 E. Cottonwood Ln Bldg. B, Casa Grande, AZ 85122
Open Mon-Fri 8:00 to 5:00 CLOSING 12:00 to 1:00 for lunch
(Documents requiring a filing fee are not accepted after 4:30)
Apache Junction 575 N. Idaho Rd. Ste. 109, Apache Junction, AZ 85119
Open Mon-Fri 8:00 to 5:00 CLOSING 12:00 to 1:00 for lunch
(Documents requiring a filing fee are not accepted after 4:30)
FILING IN PERSON
To submit the Petition for Dissolution of Non-Covenant Marriage with Minor Children you
should arrive at least (2) hours before the court closes.
The following must be handed to the Clerk at the Filing Counter:
Original plus (2) copies of:
Summons
Notice Regarding Creditors
Notice of Right to Convert Health Insurance
Parents Worksheet for Child Support Amount
Parenting Plan
Order to Attend Parent Education Class
Affidavit Regarding Minor Children
Preliminary Injunction
Sensitive Date Sheet (original only)
NOTE: At the time of filing your documents through a deferral, the Clerk can only defer
your filing fees to a later date; THEY ARE NOT WAIVED. Only the Judge can waive your filing fees.
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Family Court Cover Sheet (original only)
Petition for Dissolution of Non-Covenant Marriage with Minor Children
Required Filing Fee (or) a completed Application for Deferral or Waiver of Filing Fees with
ONE of the following attached to the application:
A copy of your last two (2) paycheck stubs.
A notarized statement of non-employment. Any persons you are living with
at this time who is assisting you financially may sign a notarized document
stating they are supporting you at this time.
If you receive Food Stamps, SSI, Unemployment or any governmental
assistance we will need a copy or your letter of assignment/award or
verification of the amount of assistance you receive each month.
FILING BY MAIL
If you are filing by mail your documents must be mailed to:
Clerk of the Superior Court
P.O. Box 2730
Florence, AZ 85132
To file the Petition for Dissolution of Non-Covenant Marriage with Minor Children by mail, please
mail the following documents:
Original plus two (2) copies of:
Summons
Notice Regarding Creditors
Notice of Right to Convert Health Insurance
Parents Worksheet for Child Support Amount
Parenting Plan
Order to Attend Parent Education Class
Affidavit Regarding Minor Children
Preliminary Injunction
Sensitive Date Sheet (original only)
Family Court Cover Sheet (original only)
Petition for Dissolution of Non-Covenant Marriage with Minor Children
Required Filing Fee (or) a completed Application for Deferral or Waiver of Filing Fees with
ONE of the following attached to the application:
A copy of your last two (2) paycheck stubs.
A notarized statement of non-employment. Any persons you are living with
at this time who is assisting you financially may sign a notarized document
stating they are supporting you at this time.
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If you receive Food Stamps, SSI, Unemployment or any governmental
assistance we will need a copy or your letter of assignment/award or
verification of the amount of assistance you receive each month.
One appropriate sized self-addressed
stamped
envelope for the return of your
conformed/stamped copies.
STEP 6: SERVING YOUR SPOUSE (THE RESPONDENT)
Service means giving legal notice to the other party (the Respondent) that you have filed court
papers.
You must provide proof of service to the Court.
There are different ways to serve the other party (the Respondent) you may read through the
different methods of service listed below to help determine which method of service is right
for your case:
ACCEPTANCE OF SERVICE: the other party must be willing to sign the “Acceptance of Service”
form in front of a Notary Public and return it to you. The other party cannot sign the “Acceptance
of Service” until after you have filed the court papers with the court. The other party’s signature on
the “Acceptance of Service” does not mean that he/she agrees with the court papers. It means that
the other party admits receiving the papers, without being served in person by the sheriff or a process
server.
SERVICE BY CERTIFIED MAIL: This method of service allows you to give notice by a special
type of mail. You can send the court papers by giving the post office copies of the court papers in an
envelope, postage prepaid, to be sent to the other party by any form of mail requiring a signed and
returned receipt. This is often called Certified Mail, Restricted Delivery by the post office. This means that
the other party must sign for the papers. The Post Office will then return to you a Green Return
Receipt containing the other party’s signature. The Green Return Receipt will then need to be attached
to the completed Affidavit of Service by Certified Mail. The Affidavit of Service by Certified Mail form must
be completed/filled out in full and signed in front of a Notary Public. You will then submit to the
Court the original Affidavit of Service by Certified Mail
SERVICE BY REGISTERED PROCESS SERVER: This method required you to hire, and pay,
a registered qualified process server to serve the other party with court papers. A process server is a
person who will give the papers to the other party at home, work, or other location. The registered
process server will give the court a sworn Affidavit of Service and/or Certificate of Service stating that the
person was served. This method of service costs more than service by acceptance and requires the
process server to find the other party. Service is complete at the time the process server hands the
other party the court papers. If you decide to use this method, and the other party resides outside of
Arizona, you would need to find a registered process server in the state where the other party lives.
SERVICE BY SHERIFF: This method requires you to contact the Sheriff’s Office in the county
where the other party lives to arrange for a Sheriff’s Deputy to give the other party the court papers.
This method requires you to pay a fee to the Sheriff’s Office. The Sheriff’s Office will give the Court
a Sworn Affidavit of Service stating that the person was served.
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WHEN YOU CANNOT FIND THE OTHER PARTY: Service by Publication may only be
used if you do not know where the other party lives or cannot find the other party. Please consider
the following information prior to serving by publication:
You may only Service by Publication if you do not know where the other party lives or cannot
find the other party.
Before the Court will accept “Service by Publication,” you must have made every reasonable
effort to find the Respondent and to give actual notice of this case by personal service of the
required documents. You will be required to state, under penalty or perjury, the steps you
have taken to try to locate the Respondent and if the Court is not satisfied that you have taken
all reasonable steps, your case may be delayed until the Court is satisfied all such steps have
been taken.
Before you begin Service by Publication, you must first complete and file the
“Declaration
of Due Diligence and Request for Alternate Means of Service (Publication)”.
Service by Publication may only be completed if the Judge has approved the Request for
Alternate Means of Service.
If you are serving by publication, you must read the Service of Court Papers packet for the
entire procedure to ensure you have completed service by publication properly.
For more detailed information and forms on service, please refer to our SERVICE OF
COURT PAPERS packet on our website.
STEP 7: WAITING PERIOD
Once you have served the court documents on the other party (the Respondent) and filed the
appropriate proof of service with the Clerk's office, you now have to give the other party time to
review the documents before moving on to the next step.
TIMEFRAME FOR WAITING
Service by Acceptance - 21 Days if located in Arizona, 31 Days if located out of State
Service by Certified Mail - 21 Days if located in Arizona, 31 Days if located out of State
Service by Registered Process Server - 21 Days if located in Arizona, 31 Days if located out of
State
Service by Sheriff - 21 Days if located in Arizona, 31 Days if located out of State
Service by Publication - 61 Days from first day of publication if located in or out of Arizona
STEP 8: FINALIZING YOUR CASE
There are different ways a case may finalize in the Court. Here are four different scenarios to help
determine your next step:
SCENARIO 1: If you (the Petitioner) and your spouse (the Respondent) both agree to all
terms of the divorce, you may submit a Consent Decree. The Consent Decree is the final
document both parties will sign in front of a Notary Public agreeing to all terms of the divorce.
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A Consent Decree may be submitted if sixty-one (61) days from the date of service has passed.
A Consent Decree with children will require additional documents to be attached to the
Consent Decree. Additional orders are also required if spousal support or child support is
being ordered.
When submitting a Consent Decree, you are required to submit the original plus two copies
of all documents and orders along with two (2) self-addressed stamped envelopes. Please refer
to our Consent Decree with Children packet on our website for more detailed information
and instructions.
SCENARIO 2: If the Other Party (the Respondent) has been served and proof of service is
filed with the Court and the Other Party (the Respondent) has not filed a response with the
court within the allotted time frame (waiting period), you may apply for Default. Please go to
our website to view and/or print the default packet. At the time you submit your Application
and Affidavit for Default to the Court, the Clerk will provide to you a Decree Assistance
Project Screening Checklist. The checklist will instruct you to contact the Family Services of
the Conciliation Court. You will contact the Conciliation Court ten (10) Court business days
after the mailing of the Application and Affidavit for Default to the Responding party.
SCENARIO 3: If the Other Party (the Respondent) files a response with the court, your case
will be scheduled for an Early Resolution Conference (Hearing). You will be contacted by the
Conciliation Court with your hearing date. If you do not hear from the Conciliation Court
within a few weeks of a response being filed, please contact them at: 520.866.7349. If you
miss your hearing date you will be charged $166 for not showing.
SCENARIO 4: If both you (the Petitioner) and the Other Party (the Respondent) do not
take any type of action within 120 days of filing the Petition; your case could be dismissed due
to inactivity.
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
SUMMONS
Name of Respondent
HONORABLE:
WARNING: This is an official document from the court that affects your rights. Read
this carefully. If you do not understand it, contact a lawyer for help.
FROM THE STATE OF ARIZONA TO
Name of Respondent
1. A lawsuit has been filed against you. A copy of the lawsuit and other court papers are served
on you with this
“Summons.”
2. If you do not want a judgment or order taken against you without your input, you must file
an
“Answer”
or a
“Response
in writing with the court, and pay the filing fee. If you do not
file an
“Answer”
or
“Response
the other party may be given the relief requested in his/her
Petition or Complaint. To file your
“Answer”
or
“Response”
take, or send, the
“Answer”
or
“Response”
to the Office of the Clerk of the Superior Court, 971 Jason Lopez Circle Bldg
A , Florence, Arizona 85132 or PO Box 2730, Florence, Arizona 85132-2730; or any satellite
office. Mail a copy of your
“Response”
or
“Answer”
to the other party at the address listed
on the top of this Summons.
3. If this
“Summons”
and the other court papers were served on you by a registered process
server or the Sheriff, within the State of Arizona, your
“Response”
or
“Answer”
must be
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filed within TWENTY (20) CALENDAR DAYS from the date you were served, not
counting the day you were served. If this
“Summons”
and the other papers were served
on you by a registered process server or the Sheriff outside the State of Arizona, your
Response must be filed within THIRTY (30) CALENDAR DAYS from the date you were
served, not counting the day you were served. Service by a registered process server or the
Sheriff is complete when made. Service by Publication is complete thirty (30) days after the
date of the first publication.
4. You can get a copy of the court papers filed in this case from the Petitioner at the address at
the top of this paper, or from the Clerk of the Superior Court at the address listed in Paragraph
2 above.
5. If this is an action for dissolution (divorce), legal separation or annulment, either or both
spouses may file a Petition for Conciliation for the purpose of determining whether there is
any mutual interest in preserving the marriage or for Mediation to attempt to settle disputes
concerning Legal Decision-Making and parenting time issues regarding minor children.
6. Requests for reasonable accommodation for persons with disabilities must be made to the
office of the judge or commissioner assigned to the case, at least five (5) days before your
scheduled court date.
GIVEN UNDER MY HAND AND SEAL OF THE COURT
Date
Amanda Stanford
Clerk of the Superior Court
By
Deputy Clerk
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
NOTICE REGARDING CREDITORS
Name of Respondent
HONORABLE:
ARIZONA LAW REQUIRES all actions for DIVORCE or LEGAL SEPARATION to
include this NOTICE and for the person filing for Divorce or Legal Separation to SERVE
this NOTICE on the other party. (ARS 25-318(F).
YOU AND YOUR SPOUSE ARE RESPONSIBLE FOR COMMUNITY DEBTS. The court
usually requires/orders one spouse or the other to pay certain community debts in, or through, the
Decree of Dissolution or Legal Separation. A court order that does this is binding on the spouses
only, not the creditors. You and your spouse are legally responsible for these community debts
whether you are married, divorced, or legally separated. These debts are matters of contract between
both of you and your creditors (such as banks, credit unions, credit card companies, utility companies,
medical providers and retailers). On request, the court may impose a lien against the separate property
of a spouse to secure payment of certain community debts.
CONTACT CREDITORS: You may want to contact your creditors to discuss the debts and the
effects of your divorce/legal separation on your debts. To assist you in identifying your creditors, you
may obtain a copy of your spouse's credit report by making a written request to the court for an order
requiring a credit reporting agency to release the report to you. The credit report will help you identify
accounts, account numbers and account balances. In addition, within thirty (30) days after receipt of
a request from a spouse who is party to a divorce or legal separation, which includes the court and
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cause number of the action, creditors are required, by law, to provide information as to the balance
and account status of any debts for which you or your spouse may be liable to the creditor.
WARNING: If you do not understand this notice, you should contact an attorney for advice
about your legal rights and obligations.
The following page contains a sample form you
may
choose to mail to creditors to get
information about debts owed by you or your spouse. It is not a required form.
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REQUEST FOR ACCOUNT INFORMATION FROM CREDITORS
You may use this form to request information about debt owed by you or your spouse.
If so, send to the creditor. DO NOT FILE THIS PAGE WITH THE COURT.
DATE:
CREDITOR’S NAME:
CREDITOR’S ADDRESS:
Regarding:
Superior Court of Arizona in Pinal County
Case Name:
Case Number: S1100DO2
Pursuant to Arizona State Law (ARS 25-318), this letter requests the balance and account status of
any debt for which the following individuals may be liable to you. (Arizona law requires that you
provide this information within thirty (30) days of receipt of this letter.)
INFORMATION ABOUT DEBTORS/SPOUSES:
Your Name:
Your Address:
Your Phone Number:
Your Spouse’s Name:
Your Spouse’s Address:
INFORMATION ABOUT THE ACCOUNT:
Account Number(s):
If you have any questions or if I can be of further assistance, please feel free to contact me.
Sincerely,
Your Name:
Your Signature:
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SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
NOTICE OF YOUR RIGHTS ABOUT
HEALTH INSURANCE COVERAGE
WHEN A PETITION FOR
DISSOLUTION (DIVORCE) IS FILED
(A.R.S. 20-1377 AND 20-1408)
Name of Respondent
HONORABLE:
WARNING: THIS IS AN IMPORTANT LEGAL NOTICE. YOUR RIGHTS TO
HEALTH INSURANCE COVERAGE COULD BE AFFECTED AFTER YOUR
DIVORCE IS FINAL. READ THIS NOTICE CAREFULLY. IF YOU DO NOT
UNDERSTAND THIS NOTICE, YOU SHOULD CALL AN ATTORNEY FOR
ADVICE ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS.
IMPORTANT INFORMATION IF YOU ARE ON YOUR SPOUSE'S INSURANCE
PLAN: When a Petition for Dissolution of Marriage (papers for a divorce decree) is filed, you and/or
your children may continue to be covered under your spouse's health insurance policy. Arizona law
allows the dependent spouse and/or children to continue to be covered, but you must take some
steps to protect your rights.
WHAT INSURANCE COVERAGE APPLIES TO YOU, AND HOW TO GET IT: If you are
covered by your spouse's health insurance, and you want to continue to be covered after the divorce
is final, you must contact the insurance company as soon as possible, and you must start to pay the
monthly insurance premium within 31 days of the date the insurance would otherwise stop.
If you decide you want to be covered, the insurer can choose whether to continue coverage under
the current policy, or to change the policy to your name. If the policy is changed to your name, it is
called a "converted"; policy. If the policy is converted by the insurer, the insurer must provide you
the same or the most similar level of coverage available, unless you ask for a lower level of coverage.
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WHAT COVERAGE APPLIES TO YOUR CHILDREN: If you choose to continue coverage
as a dependent spouse, you can also choose to continue coverage for your dependent children if you
are responsible for their care or support.
PREEXISTING CONDITIONS OR EXCLUSIONS FROM INSURANCE COVERAGE:
Whether the insurance is continued or converted, the insurance must be provided to you without
proof of insurability and without exclusions for coverage other than what was previously excluded
before the insurance was continued or converted.
LIMITS ON RIGHTS TO INSURANCE COVERAGE FOR YOU AND YOUR
CHILDREN: You may not be entitled to continued or converted coverage if you are eligible for
Medicare or for coverage by other similar types of insurance which together with the continued
coverage would make you over-insured. However, dependent children of a person who is eligible for
Medicare may be covered by a continuance or a conversion. If you have questions about coverage,
check with the insurer and/or the spouse's employer.
WARNING TO THE SPOUSE FILING THE PETITION FOR DISSOLUTION
(DIVORCE): This Notice must be served on your spouse together with the Petition for
Dissolution, the Summons, and the Preliminary Injunction.
ARIZONA SUPERIOR COURT, PINAL COUNTY
ORDER TO PARENT EDUCATION CLASS
THIS IS AN OFFICIAL ORDER. IF YOU DISOBEY THIS ORDER, THE COURT MAY FIND
YOU IN CONTEMPT.
Pursuant to A.R.S. '25-352, IT IS ORDERED you must attend and complete a parent education course
within the following time limits:
1.
Petitioner: You must complete the course within 45 days from the filing of the petition.
2.
Respondent
:
You must complete the course within 45 days of being served with or accepting service
of the petition. The Respondent must complete the course whether or not a response to the action is
filed.
3.
Paternity Proceeding: If paternity has been established, you must complete the class as described
above. If paternity has not been established, you are welcome to complete the class at your earliest
convenience. However, you are not required to complete the class until paternity has been
established by the court.
4. Compliance: A.R.S. '25-353. Failure to comply - if a party fails to complete the educational program
as ordered pursuant to section 25-352, the court may deny relief in favor of that party, hold that
party in contempt of court or impose any other sanction reasonable under the circumstances. The
court will be notified if you fail to complete the class.
Exceptions: If you have completed the class
within less than 1 year or the court excuses a party’s participation.
5.
Class Fee: Each party shall pay the $40.00 fee to, or obtain a valid fee deferral from, the Clerk of
the Superior Court (see attached Notice for fee payment instructions).
6.
Disability: If, due to a disability, you need special accommodations for your attendance such as
auxiliary aids, or materials in alternative formats, please contact Family Services of the Conciliation
Court as soon as you receive this notice.
7.
Information: Additional information about Parent Education is available at
www.pinalcountyaz.gov/Judicial/ConciliationCourt.
8.
Registration: You may register for the course online at
www.pinalcountyaz.gov/Judicial/ConciliationCourt/Pages/ParentEducationClass.aspx, or by
phone at 520-866-5760.
Joseph R. Georgini
Honorable Joseph R. Georgini, Date
Presiding Judge, Family Court
CASE NUMBER S1100DO2
You have been ordered to attend a Parent Education Class. The Parent Education Class is taught by
counselors from Family Services of Conciliation Court. You are required to complete the entire class to
receive a copy of the
Notice of Completion and Certificate
that will be filed with the court. If you fail to comply,
the Court may deny relief, hold you in contempt of court, or impose any other sanction reasonable under the
circumstances. (A.R.S. 25-352)
The court will be notified if you fail to attend the class.
THIS IS A 3 STEP PROCESS.
1.
PAY FOR THE CLASS WITH CLERK OF SUPERIOR COURT
2.
REGISTER FOR THE CLASS WITH FAMILY SERVICES OF CONCILIATION COURT
3.
ATTEND the 4 HOUR CLASS IN FLORENCE WITH PROOF OF PAYMENT
1.
Use one of the following methods to pay for the Class: The cost is $40.00 per person.
ONLINE: Make payment to via website:
https://client.pointandpay.net/recurring/PinalCountySuperiorCourtAZ
PHONE: Call 800.487.4567.
MAIL: Mail personal checks, cashiers check or money order for $40.00 payable to Clerk of the
Superior Court at the following address:
Clerk of the Superior Court Parent Education Course
P.O. Box 2730
Florence, AZ 85132-2730
Write your court case number and
Parent Education Class”
on the cashiers check, money order or
personal check. IMPORTANT: You MUST enclose a self-addressed stamped envelope so the clerk’s office will
mail your receipt to you.
IN PERSON: Payments can be made by cash, money order, MasterCard, Visa, Discover and American
Express with valid ID of card holder at any of our office locations listed below.
Florence 971 N Jason Lopez Cir., Bldg. A
Apache Junction 575 N Idaho, Ste. 109
Casa Grande 820 E. Cottonwood Ln., #B
For more information about obtaining a fee deferral, contact any clerk’s office
Contact Information for all Offices
Toll Free: 888.431.1311 • Local: 520.509.3555 or 311 • Fax: 520.866.5320
www.coscpinalcountyaz.gov/office.html
2.
Register for the Class with Family Services of Conciliation Court: Sign up online at
www.pinalcountyaz.gov/Judicial/ConciliationCourt or by phone at 520-866-5760.
3.
Attend the Class: Bring photo I.D. and proof of payment or fee deferral to the class. Please arrive 15 minutes
early.
Justice Complex (Highway 79)
Pinal County Superior Courthouse
971 Jason Lopez Cir., Bldg. A Florence, AZ 85132
*No children are allowed in class
*
If you reside outside of Pinal County, you are still required to complete a parent education class (A.R.S. 25-
352). Please visit the website for information:
http://www.pinalcountyaz.gov/Judicial/ConciliationCourt/Pages/DVDRequestForm.aspx
PARENT EDUCATION CLASS NOTICE
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CHILD SUPPORT CALCULATOR for
Parent’s Worksheet to determine Child Support Amount
The Court Self Help website offers a Free Child Support Calculator
and Fillable Forms.
Simple
Quick
Accurate
If you have a personal computer with Internet access,
you can access the Child Support Calculator at:
http://www.azcourts.gov/familylaw
You may also visit the Law Library at the
Pinal County Superior Court House for access and further assistance.
Your computer must be connected to a printer. Begin by selecting which Child Support Calculator applies to you,
2005 or 2011, and then press the Tab button on your keyboard to move through the form, or click on each field with
your mouse.
Enter the appropriate information in each blank field. Not every blank field needs to be completed in every case. If
you are not sure whether you should complete a blank field, click on the question mark (?) next to the blank field.
You will receive additional information in accordance with the Arizona Child Support Guidelines.
When you have completed the Entry Form, click the "Print Worksheet" button to receive an estimate of the amount
of child support the non- custodial parent may have to pay to the custodial parent for the support of their child(ren).
After clicking on "Print Worksheet" the form will automatically be filled in with the information from the Entry Form.
Print the form and bring it with you at the time of filing your initial paperwork.
The Court Self Help website also offers the following fillable forms required to set up Child Support, select the
“Forms” tab to make your selection:
Child Support Order
Post Paternity Establishment of Child Support Order
Paternity Judgment Child Support Order
To have the Child Support amount automatically deducted from payroll, either of the below forms must be
submitted:
Income Withholding Order May be completed by either party
Current Employer Information To be completed by the non-custodial parent/obligor/payer only
Calculate Support for Parent’s Worksheet
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable):
Representing Self (No Attorney) or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
PARENTING PLAN FOR:
JOINT LEGAL DECISION-MAKING
OR
SOLE LEGAL DECISION-MAKING
TO PETITIONER
TO RESPONDENT
Name of Respondent
HONORABLE:
GENERAL INFORMATION
A. MINOR CHILDREN This Plan concerns the following children common to the parents:
Name Birth Date
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B. LEGAL DECISION-MAKING:
Select One.
If you select sole legal decision-making, you
have the option of also selecting restrictions on the parenting time of the other parent.
SOLE LEGAL DECISION-MAKING
Sole legal decision-making should be granted to
Petitioner or
Respondent
JOINT LEGAL DECISION-MAKING
Both parents will make major educational decisions together.
Optional: If the parents do not agree,
select one
the final decision will be with Petitioner
the final decision will be with Respondent
the decision will be addressed as follows:
Both parents will make major religious decisions together.
Optional: If the parents do not agree,
select one
the final decision will be with Petitioner
the final decision will be with Respondent
the decision will be addressed as follows:
Both parents will make major medical decisions together.
Optional: If the parents do not agree,
select one
the final decision will be with Petitioner
the final decision will be with Respondent
the decision will be addressed as follows:
Both parents will make major personal care decisions together.
Optional: If the parents do not agree,
select one
the final decision will be with Petitioner
the final decision will be with Respondent
the decision will be addressed as follows:
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C. PARENTING TIME Write your detailed parenting plan below. Include specific times,
locations, and details regarding transportation. You will have the opportunity to request
supervised parenting time or no parenting time, later in this document.
1. Regular Parenting Time:
2. Summer Months:
3. School Breaks Longer Than 4 Days:
4. Three Day Weekends:(for example, Labor Day, Columbus Day, Martin Luther King, Jr.
Day, Presidents' Day and Memorial Day)
The parents agree that whichever of them has the child(ren) for the weekend occurring
nearer in time to the holiday will spend time with the child(ren) for the holiday, OR
Explain your request:
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5. Transportation: Write your procedure for exchanges of the child(ren) including location
and responsibility for transportation.
6. Holiday, Birthday and Special Occasion Schedule Use the table below or the blank
space to write your schedule.
Event Even Years Odd Years
New Year’s Eve Petitioner Respondent Petitioner Respondent
New Year’s Day Petitioner Respondent Petitioner Respondent
Easter Petitioner Respondent Petitioner Respondent
4
th
of July Petitioner Respondent Petitioner Respondent
Halloween Petitioner Respondent Petitioner Respondent
Veteran’s Day Petitioner Respondent Petitioner Respondent
Thanksgiving Petitioner Respondent Petitioner Respondent
Christmas Eve Petitioner Respondent Petitioner Respondent
Christmas Day Petitioner Respondent Petitioner Respondent
Child(ren)’s Birthday Petitioner Respondent Petitioner Respondent
Mother’s Day Petitioner Respondent Petitioner Respondent
Father’s Day Petitioner Respondent Petitioner Respondent
Petitioner’s Birthday Petitioner Respondent Petitioner Respondent
Respondent’s Birthday Petitioner Respondent Petitioner Respondent
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7. Telephone Contact with Children
Each parent may have telephone contact with the child(ren) during the child(ren)’s normal
waking hours, OR
Explain your request:
8. Travel with Child(ren) (all of the following are optional)
Each parent is entitled to consecutive days of vacation time per year with the
child(ren). Each parent will give the other parent days notice prior to the vacation.
Should either parent travel out of the area with the minor child(ren), each parent will keep
the other parent informed of travel plans, address(es), and telephone numbers at which that
parent and the minor child(ren) can be reached.
Neither parent shall travel with the minor child(ren) outside of Arizona for longer than
______ days without the prior written consent of the other parent or order of the court.
SUPERVISED PARENTING TIME
Supervised parenting time is in the best interest of the minor child(ren) because:
Name of the agency or person who will supervise:
NO PARENTING TIME BETWEEN CHILD(REN) AND
PETITIONER
OR
RESPONDENT
No parenting time is in the best interest of the minor child(ren) because:
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D. Medical and Dental Arrangements
Both parents have the right to authorize emergency medical treatment, if needed, and the
right to consult with physicians and other medical practitioners. Both parents agree to advise
the other parent with physicians and other medical practitioners. Both parents agree to advise
the other parent immediately of any emergency medical/dental care sought for the minor
children, to cooperate on health matters concerning the children and to keep one another
reasonably informed. Both parents agree to keep each other informed as to names, addresses
and telephone numbers of all medical/dental care providers.
E. Other Arrangements
Each parent will inform the other parent of any change of address and/or phone number
in advance OR within days of the change.
Both parents will promptly inform the other parent of any emergency or other important
event that involves the minor children.
Both parents will consult and agree with the other parent regarding any extra activity that
affects the minor children’s access to the other parent.
Each parent will consider the other parent as care-provider for the minor children before
making other arrangements.
Each parent will keep all communication regarding the minor child(ren) between the
parents and will not use the minor child(ren) to convey information or to set up parenting
time changes.
Each parent will encourage love and respect between the minor child(ren) and the other
parent and neither parent shall do anything that may hurt the other parent’s relationship with
the minor children.
Both parents will exert their best efforts to work cooperatively in future plans consistent
with the best interests of the minor children and to amicably resolve such disputes as may
arise.
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If either parent is unable to follow through with the time-sharing arrangements involving
the minor child(ren), that parent will notify the other parent as soon as possible.
Both parents agree that if either parent moves out of the area and returns later, they will
use the most recent “Parenting Plan/Access Agreement” in place before the move.
If the parents are unable to reach a mutual agreement regarding a legal change to their
parenting orders, they will request mediation through the court or a private mediator of their
choice.
Obtain Written Consent or Court Order Before Moving: Notice required by ARS 25-408
shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of
family law procedure. The court shall sanction a parent who, without good cause, does not
comply with the notification requirements of this law. The court may impose a sanction that
will affect the legal decision-making or parenting time only in accordance with the child’s best
interests.
Parental Access to Records and Information Pursuant to Arizona law, unless otherwise
provided by court order or law, on reasonable request both parents are entitled to have equal
access to documents and other information concerning the minor child(ren)’s education and
physical, mental, moral and emotional health including medical, school, police, court and other
records. A person who does not comply with a reasonable request for these records shall
reimburse the requesting parent for court costs and attorney fees incurred by that parent to
make the other parent obey this request. A parent who attempts to restrict the release of
documents or information by the custodian of the records without prior court order is subject
to legal sanctions.
Notice: Do not deviate from Parenting Plan until dispute is resolved. Both parents are
advised that while a dispute is being resolved, neither parent shall deviate from this Parenting
Plan or act in a way that is inconsistent with the terms of this agreement.
Once this plan has been made an order of the Court, if either parent disobeys the court order
related to parenting time with the children, the other parent may submit court papers to
request enforcement.
SIGNATURE OF ONE OR BOTH PARENTS
Signature of Petitioner: Date:
Signature of Respondent: Date:
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IF YOU ARE REQUESTING SOLE LEGAL DECISION MAKING, THE FORM IS
COMPLETE. DO NOT SIGN SECTION F OR G.
F. STATEMENT REGARDING CONTACT WITH SEX OFFENDERS AND
PERSONS CONVICTED OF DANGEROUS CRIMES AGAINST CHILDREN.
According to A.R.S. §25-403.05, a child’s parent or custodian must immediately notify the other
parent or custodian if the person knows that a convicted or registered sex offender or someone who
has been convicted of a dangerous crime against children may have access to the child.
According to A.R.S. §13-705 (P) (1), “Dangerous crime against children” means any of the following
that is committed against a minor who is under fifteen years of age:
(a) Second degree murder.
(b) Aggravated assault resulting in serious physical injury or involving the discharge, use or
threatening exhibit on of a deadly weapon or dangerous instrument.
(c) Sexual assault.
(d) Molestation of a child.
(e) Sexual conduct with a minor.
(f) Commercial sexual exploitation of a minor.
(g) Sexual exploitation of a minor.
(h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.
(i) Kidnapping.
(j) Sexual abuse.
(k) Taking a child for the purpose of prostitution as prescribed in section 13-3212.
(l) Child prostitution as prescribed in section 13-3212.
(m) Involving or using minors in drug offenses.
(n) Continuous sexual abuse of a child.
(o) Attempted first-degree murder.
(p) Sex trafficking.
(q) Manufacturing methamphetamine under circumstances that causes physical injury to a minor.
(r) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2.
(s) Luring a minor for sexual exploitation.
(t) Aggravated luring a minor for sexual exploitation.
(u) Unlawful age misrepresentation.
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The parent or custodian must provide notice by first class mail, return receipt requested, by electronic
means to an electronic mail address that the recipient provided to the parent or custodian for
notification purposes or by another form of communication accepted by the court.
I/We have read, understand, and agree to abide by the requirements of A.R.S. §25-403.05(B)
concerning notification of other parent or custodian if someone convicted of dangerous crime against
children may have access to the child.
Signature of Petitioner: Date:
Signature of Respondent: Date:
G. JOINT LEGAL DECISION-MAKING: If requested or agreed to by the parties, the
following will apply, subject to approval by the Judge:
1. DOMESTIC VIOLENCE: Arizona Law (A.R.S. §25-403.03) states that joint Legal
Decision-Making shall NOT be awarded if there has been “a history of significant domestic
violence”.
Domestic Violence has not occurred between the parties, OR
Domestic Violence has occurred but it has not been “significant” or has been committed
by both parties.* Complete Section 3 below.
2. DUI or DRUG CONVICTIONS:
Neither party has been convicted of driving under the influence or a drug offense within
the past 12 months, OR
One of the parties HAS been convicted of driving under the influence or a drug offense
within the past 12 months, but the parties feel Joint Legal Decision-Making is in the best
interest of the children. * Complete Section 3 below.
3. * IF THERE HAS BEEN DOMESTIC VIOLENCE OR A DUI OR DRUG
CONVICTION:
Explain why Joint Legal Decision-Making is still in the best interests of the children:
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4. REVIEW: The parents agree to review the terms of the / this agreement and make any
necessary or desired changes every months from the date of this document.
5. CRITERIA. Our joint Legal Decision-Making agreement meets the criteria required by
Arizona law A.R.S. §25-403.02, as listed below:
a. The best interest of the minor children are served;
b. Each parent’s rights and responsibilities for personal care of the minor children and
for decisions in education, health care and religious training are designated in this Plan;
c. A schedule of the physical residence of the minor children, including holidays and
school vacations is included in the Plan;
d. The Plan includes a procedure for periodic review;
e. The Plan includes a procedure by which proposed changes, disputes and alleged
breaches may be mediated or resolved;
f. A procedure for communicating with each other about the child, including methods
and frequency.
SIGNATURE OF PARENT(S) REQUESTING JOINT LEGAL DECISION-MAKING
Signature of Petitioner: Date:
Signature of Respondent: Date:
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
AFFIDAVIT REGARDING
MINOR CHILDREN
Name of Respondent
HONORABLE:
NOTICE: This
“Affidavit Regarding Minor Children”
is required for all legal decision-
making cases. You must fill out this Affidavit completely, and provide accurate information.
Use additional paper if necessary. You must give copies of this Affidavit and all other
required documents to the other party, and to the judge.
1. CHILDREN OF THE PARTIES WHO ARE UNDER 18 YEARS OLD. The
following child(ren) are under age 18 and were born to, or adopted by, me and the other
party:
Name:
Name:
Birth Date:
Age:
Birth Date:
Age:
Name:
Name:
Birth Date:
Age:
Birth Date:
Age:
2. INFORMATION REGARDING WHERE THE CHILDREN UNDER 18 YEARS
OLD HAVE LIVED FOR THE LAST 5 YEARS: (Attach additional pages if necessary)
Child’s Name:
Dates: From
To
Address:
Lived with:
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City, State:
Relationship to Child:
Child’s Name:
Dates: From
To
Address:
Lived with:
City, State:
Relationship to Child:
Child’s Name:
Dates: From
To
Address:
Lived with:
City, State:
Relationship to Child:
3. COURT CASES IN WHICH I HAVE BEEN A PARTY/WITNESS THAT
INVOLVED THE LEGAL DECISION-MAKING PARENTING TIME OF THE
CHILD(REN): (Check one box)
I have or I have not been a party/witness in court in this state or in any other state that
involved the legal decision-making parenting time of the child(ren) named above. (If so,
explain on separate paper. If not, go on.)
Name of each child:
Name of Court:
Court Location:
Court Case Number:
Current Status:
How the child is involved:
Summary of any Court Order:
4. INFORMATION REGARDING PENDING COURT CASES RELATED TO THE
LEGAL DECISION-MAKING OF THE CHILD(REN): (Check one box)
I do have or I do not have information about a legal decision-making parenting time
court case relating to any of the children named above that is pending in this state or in any
other state. (If so, explain. If not, go on.)
Name of each child:
Name of Court:
Court Location:
Court Case Number:
Current Status:
How the child is involved:
Summary of any Court Order:
5. LEGAL DECISION-MAKING OR PARENTING TIME CLAIMS OF ANY
PERSON: (Check one box)
I do know or I do not know a person other than the Petitioner or the Respondent who
has physical legal decision-making or who claims legal decision-making or parenting time
rights to any of the children named in this Affidavit.
(If so, explain below. If not, go on.)
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Name of each child:
Name of person with the claim:
Address of person with the claim:
Nature of the claim:
OATH OR AFFIRMATION AND VERIFICATION:
I swear or affirm that the information on this document is true and correct under penalty of
perjury.
Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public (Notary’s Signature)
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
PRELIMINARY INJUNCTION
Name of Respondent
HONORABLE:
WARNING: This is an official Order from the court. It affects your rights. Read this
Order immediately and carefully. If you do not understand it, contact a lawyer for help.
Your spouse has filed a
“Petition for Dissolution”
(Divorce) or
“Petition for Annulment”
or
“Petition for Legal
Separation”
with the court. This Order is made at the direction of the Presiding
Judge of the Superior Court of Arizona in Pinal County. This Order has the same force and effect
as any order signed by the judge. You and your spouse must obey this Order. This Order may be
enforced by any remedy available under the law, including an
“Order of
Contempt of Court.”
To
help you understand this Order, we have provided this explanation. Read the explanation and then
read the statute itself. If you have any questions, you should contact a lawyer for help.
EXPLANATION: (What does this Order mean to you?)
1. ACTIONS FORBIDDEN BY THIS ORDER: From the time the
“Petition for
Dissolution”
(Divorce) or
“Petition for Annulment”
or
“Petition for Legal Separation”
is filed with the court, until the judge signs the Decree, or until further order of the court, both
the Petitioner and the Respondent shall not do any of the following things:
You may not hide earnings or community property from your spouse, AND
You may not take out a loan on the community property, AND
You may not sell the community property or give it away to someone, UNLESS you have
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the written permission of your spouse or written permission from the court. The law allows
for situations in which you may need to transfer joint or community property as part of the
everyday running of a business, or if the sale of community property is necessary to meet
necessities of life, such as food, shelter, or clothing, or court fees and attorney fees associated
with this action. If this applies to you, you should see a lawyer for help, AND
Do not harass or bother your spouse or the children, AND
Do not physically abuse or threaten your spouse or the children, AND
Do not take the minor children, common to your marriage, out of the State of Arizona for
any reasons, without a written agreement between you and your spouse or a Court Order,
before you take the minor children out of the State.
Do not remove, or cause to be removed, the other party or the minor children of the parties from
any existing insurance coverage, including medical, hospital, dental, automobile and disability
insurance. Both parties shall maintain all insurance coverage in full force and effect.
STATUTORY REQUIREMENTS: Arizona Law, A.R.S. 25-315(A) provides:
1(a). RESTRICTIONS ON PROPERTY OF THE MARRIAGE: That both parties are
enjoined from transferring, encumbering, concealing, selling, or otherwise disposing of any of
the joint, common or community property of the parties, except if related to the usual course
of business, the necessities of life, or court fees and reasonable attorney fees associated with
an action filed under this article, without the written consent of the parties or the permission
of the court.
1(b). REQUIREMENTS OF BEHAVIOR: That both parties are enjoined from molesting,
harassing, disturbing the peace, or committing an assault or battery on, the person of the other
party or any natural or adopted child of the parties.
1(c). RESTRICTIONS ABOUT YOUR MINOR CHILDREN: That both parties are enjoined
from removing any natural or adopted minor child(ren) of the parties, then residing in Arizona,
from the jurisdiction of the court without the prior written consent of the parties or the
permission of the court.
1(d). RESTRICTIONS ABOUT INSURANCE: That both parties are enjoined from removing,
or causing to be removed, the other party or the minor children of the parties from any existing
insurance coverage, including medical, hospital, dental, automobile and disability insurance.
Both parties shall maintain all insurance coverage in full force and effect.
2. EFFECTIVE DATE OF THIS ORDER: This Order is effective against the person who
filed for divorce, annulment, or legal separation (the Petitioner) when the Petition was filed
with the court. It is effective against the other party (the Respondent) when it is served on the
other party, or on actual notice of the Order, whichever is sooner. This Order shall remain in
effect until further order of the court, or the entry of a Decree of Dissolution, Annulment, or
Legal Separation.
3. ORDER TO PETITIONER: You must serve a copy of this Order upon the Respondent,
along with a copy of the Petition for Dissolution, Annulment or Legal Separation, the
Summons, and other required court papers.
4. WARNING: This is an official Court Order. If you disobey this Order, the court may find
you in contempt of court. You may also be arrested and prosecuted for the crime of interfering
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with judicial proceedings and any other crime you may have committed by disobeying this
Order.
5. LAW ENFORCEMENT: You or your spouse may file a certified copy of this Order with
your local law enforcement agency. You may obtain a certified copy from the Clerk of the
Court that issues this Order. If any changes are made to this Order and you have filed a
certified copy of this Order with your local law enforcement agency, you must notify them of
the changes.
6. DESCRIPTION OF THE PARTIES:
Petitioner:
Name:
Gender:
Male Female
Height:
Weight:
Date of Birth:
Respondent:
Name:
Gender:
Male Female
Height:
Weight:
Date of Birth:
GIVEN UNDER MY HAND AND SEAL OF THE COURT
Date
Amanda Stanford
Clerk of the Superior Court
By
Deputy Clerk
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Name of Person Filing:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
SENSITIVE DATA SHEET
(CONFIDENTIAL RECORD)
Name of Respondent
HONORABLE:
Fill out. File with Clerk of Court. Social Security Numbers should appear on this
form only and should be omitted from other court forms. Access Confidential
pursuant to A.R.F.L.P. 43(G)(1).
A.
Personal Information:
Petitioner
Respondent
Name
Gender
Male or Female
Male or Female
Date of Birth (Month/Day/Year)
Social Security Number
Driver’s License Number
WARNING: DO NOT INCLUDE MAILING ADDRESS ON THIS FORM IF
REQUESTING ADDRESS PROTECTION
Mailing Address
City, State, Zip Code
Contact Phone
Email Address
Current Employer Name
Employer Address
Employer City, State, Zip Code
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Employer Telephone Number
Employer Fax Number
B.
Child(ren) Information:
Child Name
Gender
Child Social Security Number
Child Date of Birth
Clerk of Court Issued:
*For Court Use Only. NOT Public Record.
Do NOT Provide a Copy of This Document to The Other Party.
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Arizona Superior Court, Pinal County
Family Court Cover Sheet
CASE NUMBER
S1100DO2
Judge
ATLAS NUMBER(S)
PETITIONER’S NAME AND
ADDRESS
RESPONDENT’S NAME AND
ADDRESS
Name:
Name:
Address:
Address:
City/State/Zip:
City/State/Zip:
Phone Number:
Phone Number:
Email Address:
Email Address:
DOB:
DOB:
PETITIONER’S ATTORNEY
EMERGENCY ORDER SOUGHT
Name/State Bar #:
Order of
Protection
Address:
Temporary Order
City/State/Zip:
Other
Phone Number:
(Specify)
Do you or the other party need an
interpreter?
FEES: PAID NOT PAID - REASON
Yes No
Political Subdivision/Government
Agency
If yes, what language:
Deferred
Waived
ACTION REQUESTED: Check Only One
Box
DISSOLUTION (Divorce)
With Children
Without Children
Legal Separation
Paternity/Maternity
Annulment
Legal Decision-Making
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Order of Protection
Foreign Judgment
Domesticated Decree
Foreign Judgment for Legal Decision-
Making
Establish Support
Habeas Corpus
Visitation
Emergency Order of Protection
Other
(Specify)
I receive or have received public assistance which may include AFDC, TANF, or AHCCS for my
child(ren) or me.
Yes No
I have a case with the Division of Child Support Enforcement.
Yes No
If yes, list the case number(s)
_________________________________________________________________
Do you currently have ANY other Pinal County Superior Court cases?
Yes No
If yes, list the case number(s)
_________________________________________________________________
Have you ever had ANY other Pinal County Superior Court cases?
Yes No
If yes, list the case number(s)
_________________________________________________________________
PETITIONER'S DECLARATION OF INFORMATION FOR
CONCILIATION COURT
The wife is pregnant: Yes No
The respondent is being served by publication: Yes No
Please enter the number of children under the age of 18 of either or both parties who are in Legal
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Decision-Making of either or both parties:
NAMES OF MINOR CHILDREN &
DATE OF BIRTH:
NAMES OF MINOR CHILDREN &
DATE OF BIRTH:
There is an agreement as to the parenting arrangements of the minor children:
Yes No
To the best of my knowledge, all information is true and correct.
Attorney / Pro Per Signature
(If no attorney, your signature is required)
NOTICE
Effective September 8, 1992 and pursuant to Superior Court (Pinal County), Administrative Order
No. 92-15, the Superior Court requires that a "Cover Sheet", which categorizes the cause of action,
accompany any new action filed with the Superior Court in Pinal County. PLEASE DO NOT
INCLUDE THIS FORM WITH CASES THAT HAVE ALREADY BEEN FILED. This
form can only be processed at the time of filing New Complaints and Petitions.
Revised 6/22/09
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable):
Representing Self (No Attorney) or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100
Name of Petitioner
(Leave Blank)
PETITION FOR DISSOLUTION OF
A NON-COVENANT MARRIAGE
(DIVORCE) WITH MINOR
CHILDREN
Name of Respondent
HONORABLE:
(Leave Blank)
SERVICE BY PUBLICATION:
If Respondent is served by publication and is not personally served, this Court may be unable to
make a legal order with respect to issues of child support, medical and dental insurance, payments,
expenses for the minor child(ren), community property or debt, or spousal maintenance/support.
The Court reserves jurisdiction until personal service is made upon Respondent to consider the
maintenance/support of either spouse, the disposition of community property or debts, child
support, and any other relief requested in the Petition or orders deemed necessary by the court.
GENERAL INFORMATION
Information about me, the Petitioner:
Name:
Address:
Date of Birth:
Job Title:
How long you have lived in Arizona:
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Information about my spouse, the Respondent:
Name:
Address:
Date of Birth:
Job Title:
How long the Respondent has lived in Arizona:
Information about my marriage:
Date of Marriage:
Location of Marriage:
THIS IS A PETITION FOR A FINAL
“DECREE OF DISSOLUTION OF MARRIAGE WITH MINOR CHILDREN.”
This Court has jurisdiction over the parties under the law, and the provisions of this Petition are
fair and reasonable under the circumstances and are in the best interests of the minor child(ren) as
to legal decision-making, parenting time, and support.
*These statements (1-3) must be true and the boxes must be checked for your case to
proceed using this paperwork.
1. *90 Day Requirement
At the time this action is filed, the Petitioner and/or the Respondent has lived in Arizona
for more than 90 days, or had been stationed in Arizona while a member of the United States
Armed Forces for more than 90 days.
2. *Conciliation Court
You may request a free meeting with yourself, the other party and a counselor to determine if
divorce is the right decision for you. You do not need the other party’s consent to request this
meeting. Please contact Family Services of Conciliation Court at 520.866.7349 for more
information.
We have tried to resolve our problems through Conciliation Services OR going to
Conciliation Services would not work.
3. *Irretrievably Broken
The marriage is irretrievably broken and there is no hope of reconciliation.
4. Covenant Marriage
The marriage is NOT a covenant marriage.
The marriage is a covenant marriage. (See Arizona Revised Statutes 25-901 and following).
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5. Pregnancy
Neither spouse is pregnant.
Wife is pregnant and the other party is the natural father of the child.
Wife is pregnant and the other party is not the natural father of the child.
6. Paternity
INSTRUCTIONS: If any of the minor children, common to the parties, were born
BEFORE your marriage, check the box and list the name(s) and date of birth(s) of those
children. If all of your children were born during the marriage, skip this question and continue
to #7.
Husband is the natural father of the following child(ren) born to the parties BEFORE the
marriage:
Name(s) Date of Birth(s)
7. Domestic Violence
INSTRUCTIONS: Domestic violence may affect a request for legal decision-making. Check
the relevant box below.
Domestic violence has not occurred during this marriage.
Significant domestic violence occurred during this marriage.
Domestic violence has occurred during this marriage. Even though domestic violence has
occurred, it was not significant or committed by both parties and joint legal decision-making is
in the best interest of the minor child(ren) because:
8. Substance Abuse
INSTRUCTION: Substance abuse may affect a request for legal decision-making. Check the
relevant boxes below.
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Neither party has abused drugs or alcohol or has been convicted of a drug offense or drug
violation within the twelve months before the Petition was filed.
Petitioner has abused drugs or alcohol or has been convicted of a drug offense or drug
violation within the twelve months before the Petition was filed.
Respondent has abused drugs or alcohol or has been convicted of a drug offense or drug
violation within the twelve months before the Petition was filed.
9. Minor Children
INSTRUCTIONS: List all children under the age of 18 that are common to you and the other
party. Here, it does not matter whether they were born before or during the marriage. List all
addresses where the child(ren) have lived within the past six months. Use and attach additional
pages if necessary.
Child’s Name: Birth Date:
Addresses for the last 6 months:
Address: Length of time at address
Address: Length of time at address
Child’s Name: Birth Date:
Addresses for the last 6 months:
Address: Length of time at address
Address: Length of time at address
Child’s Name: Birth Date:
Addresses for the last 6 months:
Address: Length of time at address
Address: Length of time at address
Child’s Name: Birth Date:
Addresses for the last 6 months:
Address: Length of time at address
Address: Length of time at address
10. Spousal Maintenance: Money paid from one spouse to the other spouse after the divorce,
also known as alimony.
INSTRUCTIONS: Check the box if you do not want either spouse to receive spousal
maintenance.
Neither party is entitled to spousal maintenance
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INSTRUCTIONS: If you want the other party to pay you spousal maintenance, check the
box that says Petitioner. If you want to pay the other party spousal maintenance, check the
box that says Respondent”.
Petitioner OR Respondent is entitled to spousal maintenance because s/he
INSTRUCTIONS: You must also check at least one of the following four boxes
explaining why spousal maintenance is appropriate.
Lacks sufficient property, including given to him or her as part of this divorce, to
provide for his or her reasonable needs.
Is unable to be self-sufficient through appropriate employment or is the custodian of
a child whose age or condition is such that the custodian should not be required to seek
employment outside the home or lacks earning ability in the labor market adequate to be
self-sufficient.
Contributed to the educational opportunities of the other spouse.
Had a marriage of long duration and is of an age that may preclude the possibility of
gaining employment adequate to be self-sufficient.
11. Child Support Deviation
INSTRUCTIONS: Within this packet you will find a child support calculator form for the
Parent's Worksheet. You must fill out the child support calculator entry form online; there are
instructions in this packet. Fill this section out ONLY if you want a different amount of
child support than is given on the child support calculator.
First, fill in the amount the child support calculator gives.
Second, give reasons why the amount of child support should be different.
Third, fill in the amount of child support that should be ordered.
The amount of child support based on the Parents Worksheet for Child Support is $ ,
however, this amount is inappropriate or unjust and not in the best interest of the child(ren)
because
The amount of child support should be $ .
REQUESTS THE COURT TO ORDER
1. Marriage is Dissolved
The marriage of the parties is dissolved and the parties are restored to the legal status of
single persons.
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2. Parenting Plan
There is a parenting plan filed with this Petition, which addresses parenting time and legal
decision-making.
3. Name Change Optional
INSTRUCTIONS: Check this box only if you want to use your maiden or former name. If
you check the box, also check the box next to whoever is changing his or her name, either
Petitioner or Respondent. In the first blank, write out the complete married name, including
the middle name. In the second blank, write out the complete maiden name/former name.
The name of the Petitioner OR Respondent, whose complete married name is:
is restored to: (List the complete legal name or maiden name as before the marriage)
Children’s Names Optional
INSTRUCTIONS: If you are requesting to change your child(ren)’s last name(s), list each
child’s current legal name and the new name you are requesting.
The names of one or more of the minor children shall be changed as follows:
Current Legal Name New Name
4. Financial Information Exchanges
INSTRUCTIONS: Under Arizona law it is REQUIRED that parties with minor children
exchange financial information every 24 months.
The parties shall exchange financial information (tax returns, spousal affidavits, earning
statements and/or other related financial statements) every twenty-four months.
5. Child Support
Neither party shall pay child support until further Order of the court.
There is an Order for Child Support dated (date) from .
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To my knowledge there is no child support order for the minor child(ren) and the court
should order child support in this case along with legal decision making (custody), and
parenting time.
INSTRUCTIONS: Tell the court who should pay child support by checking either Petitioner
or Respondent. On the space provided, enter the amount calculated on the Parents Worksheet
for Child Support OR the amount previously requested. Choose whether you want the child
support payments to begin the month after the Decree is signed by a judge or on a previous
date.
Petitioner OR Respondent shall pay child support to the other party in the amount of
$ per month, beginning
the month following the date the Decree is signed by the judge
OR
(date)
until further Order of the court. Child Support is based on the information in the Parent’s
Worksheet for Child Support calculated pursuant to the Arizona Child Support Guidelines. All
child support payments shall be made by wage assignment (if applicable) through the Support
Payment Clearinghouse (P.O. Box 52107, Phoenix, AZ 85072-2107), and must include the
statutory fee by the Income Withholding Order or the Order of Assignment.
Past Support
There is a request for past support. There is not a request for past support.
Petitioner OR Respondent made voluntary/direct support payments that need to be
taken into account if past support is requested.
Petitioner OR Respondent owes past support for the period between:
the date this petition was filed and the date current child support is ordered.
OR
the date the parties started living apart, but not more than three years before the
date this petition was filed and the date current child support is ordered
6. Medical, Dental, and Vision Insurance for Minor Children
INSTRUCTIONS: Tell the court who should be paying for medical, dental, and vision
insurance for the children.
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Petitioner is responsible for providing:
Medical Dental Vision
Respondent is responsible for providing:
Medical Dental Vision
The child(ren) are on AHCCCS. Both parents are responsible for providing medical
insurance for the minor children as soon as it becomes accessible and available at a reasonable
cost, as neither parent currently has the ability to obtain such insurance.
The party ordered to pay must keep the other party informed of the insurance company name,
address and telephone number, and must give the other party the documents necessary to
submit insurance claims.
7. Uncovered Medical, Dental, and Vision Expenses
INSTRUCTIONS: Tell the court who will pay for medically necessary (as defined by Internal
Revenue Service Publication 502) uncovered medical, dental, and vision expenses such as co-
pays. You can request that each party pays a percentage of any uncovered medical expenses or
that you each pay in proportion to your respective incomes.
All reasonable uncovered and/or uninsured medical, dental, vision care, prescription and other
health care charges for the minor child(ren), including co-payments shall be allocated as follows:
Petitioner and Respondent are to pay in proportion to their respective incomes according
to the child support calculator.
OR
Petitioner to pay %
Respondent to pay %
8. Tax Exemptions
INSTRUCTIONS: The child support calculator provides guidelines regarding who should
claim the child(ren) as tax exemptions each year. If you wish to deviate from these guidelines
check the “other” box and write in what you are requesting.
The parents shall claim the child(ren) as income tax dependency exemptions on federal and
state tax returns as follows:
Petitioner OR Respondent will claim the children every year.
Petitioner OR Respondent will claim the children every odd year.
Petitioner OR Respondent will claim the children every even year.
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Other:
The parent required to pay child support is only entitled to claim the child(ren) as an income
tax dependency exemption if that parent has paid all of the child support due and owing for
the year.
9. Spousal Maintenance
INSTRUCTIONS: Earlier in the Petition you told the court whether or not one of the parties
should receive spousal maintenance from the other party. Here, you tell the court how much
per month and for how long that spouse should receive spousal maintenance or if neither party
should pay spousal maintenance to the other party.
Neither party to pay spousal maintenance to the other party.
OR
Petitioner shall receive spousal maintenance from Respondent in the amount of $
per month and the payments to continue until the receiving party is remarried or deceased.
OR
Petitioner shall receive spousal maintenance from Respondent in the amount of $
per month and the payments to continue until the receiving party is remarried or deceased or
for months, whichever comes first.
OR
Respondent shall receive spousal maintenance from Petitioner in the amount of $
per month and the payments to continue until the receiving party is remarried or deceased.
OR
Respondent shall receive spousal maintenance from Petitioner in the amount of $
per month and the payments to continue until the receiving party is remarried or deceased or
for months, whichever comes first.
INSTRUCTIONS: Do you want either the other party or yourself to be able to modify spousal
maintenance in the future? If so, check the first box. If not, check the second box.
Spousal maintenance shall be modified in accordance with Arizona law.
Spousal maintenance shall NOT be modifiable for any reason.
10. Debt
INSTRUCTIONS: You must identify all of your debt as either community debt or separate
debt. Community debts are debts that you or the other party incurred during the marriage.
Separate debts are debts that you or the other party incurred before the marriage.
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a. Community Debt: Community debts are debts incurred by either party during the
marriage. You should see a lawyer about how to divide secured and unsecured debts.
Community debts shall be divided as follows:
INSTRUCTIONS: Check this box if you do not have any community debt.
My spouse and I do not have any community debts.
INSTRUCTIONS: Check this box if you have community debt. List all community debts, the
total owed, and the amount OR percentage to be paid by each party. If you need more space
attach an additional sheet of paper and check the box The list continues on attached page.”
My spouse and I have community debts which shall be divided as follows:
Amount or
Percent to be
paid by Petitioner
Amount or
Percent to be
paid by Respondent
Creditor Name
Amount Owed
The list continues on attached page.
Petitioner is ordered to pay all debts unknown to Respondent.
Respondent is ordered to pay all debts unknown to Petitioner.
Each party is ordered to pay his or her debts incurred since (date) .
Any debts or obligations incurred by either party before the date of separation, that are not
identified in the list above or attached, shall be paid by the party who incurred the debt or
obligation and that party shall indemnify and hold the other party harmless from such debts.
b. Separate Debt: Separate debts are debts incurred before the marriage. Check ONLY
one of the three boxes. If you check the last box, list your separate debts, the total owed,
and the amount or percentage to be paid by each party. Separate debts shall be divided
as follows:
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Neither my spouse nor I have any separate debt.
My spouse and/or I have separate debts and Husband must pay his separate debt and Wife
must pay her separate debt.
My spouse and/or I have separate debts and they shall be divided as follows:
Amount or
Percent to be
paid by Petitioner
Amount or
Percent to be
paid by Respondent
Creditor Name
Amount Owed
11. Property
IMPORTANT
: If there is a piece of property with a debt attached such as a car with a
loan, you must list the property under Property” and the debt under “Debt”.
INSTRUCTIONS: You must identify all of your property as either community property or
separate property. Community property is property that you acquired during the marriage,
but was not gifted to either you or the other party and that was not inherited. Separate
property is property that you acquired before the marriage, property that was gifted to either
you or the other party, or that was inherited.
a. Community Property: Community Property is property that was acquired during the
marriage, which was not gifted to one party or inherited. Community Property shall be
divided as follows:
My spouse and I did not acquire any community property during the marriage.
OR
My spouse and I acquired community property during the marriage and it should be
divided as follows: Include vehicles on this list.
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Description of Property
Awarded to
Petitioner
Awarded to
Respondent
Value
$
$
$
$
$
$
$
This list continues on attached page
b. Separate Property: Separate property is property acquired before the marriage,
property that was gifted to one party, or that was inherited. Separate Property to be
divided as follows:
My spouse and I do not have separate property.
My spouse and/or I have separate property and each party shall be awarded his or her
own separate property.
My spouse and/or I have separate property, which shall be divided as follows:
Description of Property
Awarded to
Petitioner
Awarded to
Respondent
Value
$
$
$
$
$
$
$
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c. Real Property: Real property is the house and land you own. You can ask the court to
give you the home, to give the home to the other party, or to sell the home and divide
any loss or proceeds. Write the complete address of the property under real property
located at”. Most property has a legal description such as LOT 77, PINE TREE
ACRES, according to Book 111 of Maps” which appears on your deed papers. You
should use this description. A cemetery plot is considered real property.
My spouse and I do not have real property.
My spouse and I have real property located at:
valued at approximately $ . The legal description of the property is (this information is
needed prior to an order being entered regarding real property):
The real property shall be sold and any loss or proceeds divided with Petitioner being
awarded % and Respondent being awarded %.
The real property shall be awarded to Petitioner.
The real property shall be awarded to Respondent.
The party being awarded the real property will refinance the real property solely in his
or her name on or before (insert date). If unsuccessful, the real property will be
INSTRUCTIONS: Complete only if there is a second property.
My spouse and I do not have additional real property.
My spouse and I have additional real property located at:
valued at approximately $ . The legal description of the property is (this information is
needed prior to an order being entered regarding real property):
The real property shall be sold and any loss proceeds divided with Petitioner being
awarded % and Respondent being awarded %.
The real property shall be awarded to Petitioner.
The real property shall be awarded to Respondent.
The party being awarded the real property will refinance the real property solely in his
or her name on or before (insert date). If unsuccessful, the real property will be
.
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d. Retirement:
WARNING: You should see a lawyer about your retirement accounts. If you do not see a
lawyer regarding these assets, you risk losing any interest you have in these plans and/or
benefits. There are certain documents the plan administrator must have. It is recommended
that you consult with a lawyer to help you prepare these documents.
INSTRUCTIONS: A retirement account is considered property. Any part of the retirement
that grew during the marriage is community property. Any part of the retirement that existed
before the marriage, is separate property. You do not need to list the retirement under
Property” if you list it here.
IMPORTANT: If you want to divide the retirement account(s) you must see an attorney
about a document called a Qualified Domestic Relations Order (QDRO) or a Court Order
Acceptable for Processing (COAP). A QDRO or a COAP is a very specialized legal document.
It is recommended that you seek professional assistance to prepare the QDRO or COAP. Do
not have this done until a judge signs your Decree.
Neither party has a retirement account.
Each party waives and gives up his/her interest in any and all retirement benefits, pension
plans, or other deferred compensation of the other party.
Divide retirement accounts as follows:
12. Taxes
INSTRUCTIONS: This question is asking how you and the other party have filed taxes during
the time you were married.
a. For previous calendar years, pursuant to IRS rules and regulations, the parties have filed or
will file:
INSTRUCTIONS: If you and the other party ever filed jointly, check this box and list the tax
years you filed jointly.
Joint federal and state income tax returns for (years) and hold each other
harmless from half of all income taxes and costs, if any, and each party will share equally in tax
refunds, if any.
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INSTRUCTIONS: If you and the other party ever filed separately, check this box and list
the tax years you filed separately.
Separate federal and state income tax returns for (years) .
Other:
This calendar year and continuing thereafter, each party will file separate federal and state
income tax returns.
Each party shall give the other party all necessary documentation to file all tax returns, unless
that information is protected.
Other information and request(s) regarding taxes:
13. Other Requests:
INSTRUCTIONS: Use this space to ask the court for anything that you want the court to
do but have not asked for yet.
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OATH OR AFFIRMATION AND VERIFICATION:
I swear or affirm that the information on this document is true and correct under penalty
of perjury.
Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public (Notary’s Signature)
Revised 03.06.18
SERVICE
OF COURT PAPERS
FAMILY COURT CASES ONLY
(When Parties DO NOT AGREE to all terms of the Divorce)
PINAL COUNTY
HOW TO SERVE NOTICE AS
REQUIRED OR PERMITTED BY LAW
STEP 2
(Please complete step two before proceeding to the next step)
INSTRUCTIONS AND FORMS
Provided as a Public Service by
AMANDA STANFORD
Clerk of the Superior Court
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SERVICE OF COURT PAPERS
CHECKLIST
“Service” means giving legally required notice to other parties that you have filed papers that
may result in a court order that may affect them. The court papers can ONLY be delivered in
a manner permitted by law, and proof of proper delivery must be filed with the court.
You may use the forms and instructions in this packet if . . .
You have filed a Petition, Complaint, or other document in the Superior Court in a Civil or
Family Court case and you are required to serve notice on other parties of what you have filed
with the court,
AND
You understand that your case cannot proceed until you have provided proof to the court that
notice has been given in a manner permitted by law,
AND
You understand that you may NOT hand-deliver the papers to the other party unless he or
she (and no one else) will sign a
Family Court Acceptance of Service
form in front of a
Notary and return the form for you to file with the Court.
NOTE: If you know you are going to have the papers served by the Sheriff’s Department or by a
private process server in Pinal County and you do not need information about other methods of
service, both the Sheriff and private process servers will have their own forms and you will not need
this packet.
NOTE: If you are required to serve notice on a person outside the United States, you may need to
see a lawyer or research international law to determine what methods of service are permitted in your
situation.
READ ME: Consulting a lawyer before filing documents with the court may help prevent unexpected
results.
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HOW TO SERVE COURT PAPERS ON THE OTHER PARTIES
TABLE OF CONTENTS
This packet contains general information, court forms, instructions and procedures for
serving
court papers, delivering court papers as permitted or required by law. Use only the
forms that apply to the method of service you have chosen. Do NOT copy or file information,
instruction or procedures pages with the Court.
Order
Title
# of Pages
1
Checklist
1
2
Table of Contents (this page)
1
3
Instructions: Serving the Other Party
4
4
Family Court Acceptance of Service
4
5
How to Serve the Other Party by Certified Mail
1
6
Affidavit Supporting Service by Certified Mail
2
7
How to Serve by Registered Process Server
2
8
How to Serve by Sheriff
3
9
How to Serve by Publication
3
10
Declaration of Due Diligence and Request for Alternate Means
of Service (Publication)
2
11
Order for Alternate Means of Service (Publication)
1
12
Affidavit Supporting Publication
3
You have permission to use them for any lawful purpose. These forms shall not be used to engage
in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability
for actions taken by users of these documents, including reliance on their contents. The documents
are under continual revision and are current only for the day they were received. It is strongly
recommended that you verify on a regular basis that you have the most current documents.
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INSTRUCTIONS
Serving the Other Party
1. SERVING THE OTHER PARTY:
After you have filed your court papers with the Clerk of the Court, you must serve the
papers on the other party.
Service means giving legal notice to the other party (or parties) that you have filed court
papers. You must provide proof of service to the court.
This packet explains the steps you need to take to serve the other party and what forms
you must use.
By completing the steps for service, you tell the court that the other party has received a
copy of the court papers. After the other party is served, the other party will be given a
time limit to file a Response or Answer. The Response or Answer is the other party’s
written statement to your request. The Response or Answer tells you, and the court, what
the other party wants.
2. METHODS OF SERVICE:
Read the choices below to make sure that you are using the correct method of service. Select the
method of service that works best for you. (If the other party lives outside of the United States, you should
see a lawyer to find out which method of service will work best for you.)
A. Service by Acceptance. This method requires you to give, or mail the court papers to the
other party and include a
Family Court Acceptance of Service”
form. The other party
must sign the
Family Court Acceptance of Service”
form in front of a Notary Public and
return it to you. The other party cannot sign the
Family Court Acceptance of Service”
until after you have filed the court papers with the court. The other party’s signature on the
Family Court Acceptance of Service”
does not mean that he/she agrees with the court
papers. It means that the other party admits receiving the papers, without being served in
person by the sheriff or a process server.
Service is complete at the time the other party signs the
Family Court Acceptance of
Service.”
If you choose this method of service, use the
Family Court Acceptance of
Service
form.
WARNING: Do not use this method of service if you are the victim of domestic violence,
or believe the other party will hurt you, take your money, or take your children. If you believe
the other party will become violent or uncooperative when you ask him/her to accept service,
use one of the methods of service described below.
B. Service by Registered Process Server. This method requires you to hire, and pay, a
registered process server to serve the other party with court papers. A process server is a
person who will give the papers to the other party at home, work, or other location. This
method of service costs more than service by acceptance and requires the process server to
find the other party. If you decide to use this method, look under "Process Server" in the
Yellow Pages to find someone who can serve your papers. Service is complete at the time the
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process server hands the other party the court papers. If you decide to use this method, and
the other party lives outside of Arizona, you would need to find a registered process server in
the state where the other party lives.
C. Service by Sheriff. This method requires you to contact the Sheriff's Office in the county
where the other party lives to arrange for a Sheriff's deputy to give the other party the court
papers. This method requires you to pay a fee to the Sheriff's Office. The Sheriff’s Office will
give the Court a Sworn Affidavit of Service stating that the person was served.
NOTE: Pinal County Sheriff’s Deputy can only serve parties that are located within Pinal
County. If the other party lives outside Pinal County, you will need to contact the Sheriff’s
Office in that county for information regarding service.
D. Service by Certified Mail. This method of service allows you to give notice by a special type
of mail. You can send the court papers by giving the post office copies of the court papers in
an envelope, postage prepaid, to be sent to the other party by any form of mail requiring a
signed and returned receipt. This is often called Certified Mail, Restricted Delivery by the
post office. This means that the other party must sign for the papers.
If the other party signs a receipt (green receipt) for the papers, the green receipt will be
returned to you in the mail. You must then file an affidavit with the court stating (1) that the
court papers were sent to the other party, (2) that the papers were received by the other party,
as evidenced by the original green receipt you attach to the affidavit; and (3) the date the party
received the documents. A copy of the affidavit you will need is provided in the packet.
E. Other Methods of Service. There may be other ways to serve the other party. To learn more
about these other ways, you should see a lawyer for help.
3. WHEN YOU CANNOT FIND THE OTHER PARTY:
Before you begin service by Publication, you must first complete the
“Declaration of Due
Diligence and Request for Alternate Means of Service (Publication)”
for the Judge to grant
service by Publication.
If the Judge approves service by Publication the
Order for Alternate Means of Service
will
be signed and a copy of the Order mailed to you, at that time you can continue with Publication.
A. Service by Publication. You may use this method only if you do not know where the
other party lives, or cannot find the other party. Service by publication is your "last resort."
It is used only if you do not have a current address for the other party and have tried,
unsuccessfully, to find the other party. Use a paper of general circulation and that are familiar
with the requirements and regularly publishes legal notices.
Tips for Finding the Other party: Before the Court will accept
Service by Publication,”
you must have made every reasonable effort to find the Respondent and to give actual notice
of this case by personal service of the required documents. You will be required to state, under
penalty of perjury, the steps you have taken to try to locate the Respondent and if the Court
is not satisfied that you have taken all reasonable steps, your case may be delayed until the
Court is satisfied all such steps have been taken.
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Examples of steps you MUST take: verify the Respondent is not at any last known address(es),
talk to Respondent’s friends, family members, employer, co-workers, former co-workers or
employer(s), or anyone else you think may have a current address. Search telephone
directories, the Internet, voter registration records, obituaries, and even the morgue. You may
also have to consider hiring a private detective or a company that charges a fee to do computer
searches to help you track down the other party. If you know the other party’s date of birth
and/or Social Security Number, this method may work for you.
Service by Publication can be expensive and may delay your court case. You would need to
contact the newspaper to determine the cost of publication. Application for Deferral is only
applicable to Pinal County newspapers. If you need to publish in another County or State, the
Deferral of Fees is not applicable.
1. Publication must been done in the county were the case originated:
This method requires that a copy of the
“Summons”
be published in a newspaper of
general circulation in Pinal County once a week for four consecutive weeks.
If the other party’s last known address was also in Pinal County then the publication above
will suffice for service to the other party.
2. How to publish service if the other party’s last known address is in Arizona, but
not in the county in which your case in pending:
i. You must publish in the county in which your case is pending and you must
publish in a newspaper in the county of the last known residence of the person to
be served.
ii. To publish in another county (not Pinal County) you will need to contact a
newspaper in that county.
iii. After you have contacted the newspaper and inquired about publication, mail or
deliver the payment (or certified copy of the Order of Deferral) and
“Letter to
Newspaper”
provided in this packet, along with copies of the
Summons
or
documents you filed with the Court, to the newspaper for publication.
iv. Wait for the newspaper to send you the original document called
“Affidavit of
Service
in five weeks.
3. Complete Your Paperwork. Fill out the
Affidavit Supporting Publication
provided
in this packet. The
Affidavit Supporting Publication
is a statement affirming or
swearing under oath that you have done everything possible to try to find the other party.
File the original
“Affidavit Supporting Publication”
with the Clerk of the Superior
Court.
You must also file the original
“Affidavit of Service
that you received from the
newspaper(s), verifying and stating the dates of publication.
WHEN IS A WRITTEN RESPONSE TO THE COURT PAPERS DUE?
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LOOK AT THE TIMETABLE BELOW. If the last day for the other party to
respond falls on a Saturday, Sunday, or legal holiday, you do not count that day. The
last day you count to determine if you can file the default papers, must be a day when
this court is open for business.
INCLUDE WEEKENDS AND HOLIDAYS. In counting the days, include
weekends and holidays until you reach the number of days in the Timetable below. If
the other party files a written Response or Answer with the court, you CANNOT
FILE BY DEFAULT.
DEFAULT TIMETABLE
SERVICE BY
“Acceptance of Service”
(in
Arizona)
Process Server (in Arizona)
Sheriff (in Arizona)
“Acceptance of Service”
(out
of State)
Registered mail (out of State)
Process Server (out of State)
Sheriff (out of State)
Publication
COUNT
20 Days
20 Days
20 Days
30 Days
30 Days
30 Days
30 Days
60 Days
EVENT
after other party signs
“Acceptance of
Service
after other party receives papers from
process server
after other party receives papers from
sheriff
after other party signs
“Acceptance of
Service”
after other party signs green card
after other party receives papers from
process server
after other party receives papers from
sheriff
after the 1st day of publication
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
FAMILY COURT
ACCEPTANCE OF SERVICE
A.R.F.L.P. RULE 40
Name of Respondent
HONORABLE:
Check the box to indicate each document you received. Do not check the box unless you received
the document listed beside it. If your case is not one of the types listed, list the type of case and the
documents you received from the other party under “Other Type Case” on the next page.
1. BY SIGNING THIS DOCUMENT, I STATE UNDER OATH OR AFFIRMATION
THAT I HAVE RECEIVED AND ACCEPTED THE LEGAL PAPERS INDICATED
(CHECKED) BELOW
DIVORCE (OR
ANNULMENT)
WITH CHILDREN
Petition
Summons
Preliminary Injunction
Health Insurance Notice
Parent Info. Program
Notice
Notice to Creditors
LEGAL SEPARATION
WITH CHILDREN
Petition
Summons
Preliminary Injunction
Health Insurance Notice
Parent Info. Program
Notice
Notice to Creditors
Affidavit Regarding
Minor Children
TEMPORARY ORDERS
Motion for Temporary
Order
Order to Appear
Temporary Orders
Affidavit of Financial Info.
Child Support Worksheet
Parenting Plan
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Affidavit Regarding Minor
Children
Parenting Plan
Child Support Worksheet
Parenting Plan
Child Support Worksheet
DIVORCE (OR
ANNULMENT) WITHOUT
CHILDREN
Petition
Summons
Preliminary Injunction
Health Insurance Notice
Notice to Creditors
LEGAL SEPARATION
WITHOUT CHILDREN
Petition
Summons
Preliminary Injunction
Health Insurance Notice
Notice to Creditors
PATERNITY (TO
ESTABLISH)
Petition
Summons
Parent Info. Program Notice
Affidavit Regarding Minor
Children
Parenting Plan
Child Support Worksheet
CHILD LEGAL DECISION-MAKING,
PARENTING TIME, SUPPORT
(to establish when paternity already legally
established)
Petition
Summons
Parent Info. Program Notice
Affidavit Regarding Minor Children
Parenting Plan
Child Support Worksheet
CHILD SUPPORT
(to establish when paternity already legally
established)
Petition
Order to Appear
Child Support Worksheet
ENFORCEMENT
Petition Order to Appear
MODIFY CHILD SUPPORT 15% OR
MORE
(“Simplified Mod”)
Petition to Modify
Parents Worksheet for Child Support
Blank Request for Hearing
MODIFY SPOUSAL MAINTENANCE
OR
SPOUSAL
AND
CHILD SUPPORT
(“Standard Mod”)
Petition to Modify Support Order
Order to Appear
Affidavit of Financial Information
MODIFY CHILD SUPPORT (“Standard
Mod”)
Petition to Modify Child Support Std.
Process
MODIFY CHILD LEGAL DECISION-
MAKING &/OR PARENTING TIME
AND SUPPORT
Petition to Modify
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Affidavit of Financial Information
Order to Appear
Parents’ Worksheet for Child Support
Notice of Filing for Modification of Legal
decision-making
Affidavit Regarding Minor Children
STOP ORDER OF ASSIGNMENT/
INCOME WITHHOLDING ORDER
Petition to Stop Order of Assignment
Blank Request for Hearing
MODIFY (Change) ORDER OF
ASSIGNMENT/
INCOME WITHHOLDING ORDER
Petition to Modify Order of Assignment
Blank Request for Hearing
LIST OTHER CASE TYPE HERE: (Example: “Annulment”)
________________________________________
(Below, list name of each document you received: Example: “Petition for Annulment”,
“Summons”, etc.)
2. ACCEPT AND WAIVE FORMAL SERVICE. I waive formal service of process by a process
server or sheriff. I understand accepting these papers is the same as if I were personally served
under Arizona Law [A.R.F.L.P. Rule 40 (F)]
3. RESPONSE DEADLINE. I am aware that accepting service of these court papers and signing
this paper does not affect my right or obligation to file a written Response or Answer to this
action if I do not agree with any relief asked for in the Petition. I understand I must Respond or
Answer within 20 days from the day I signed the original of this Acceptance of Service if I
accepted service in Arizona, or 30 days if I received the papers somewhere other than in Arizona.
4. DEFAULT JUDGMENT, ORDER OR DECREE. I understand that if I do not appear and
defend in this action in court, within the time allowed by law, that I may lose my right to be heard
in this case. I understand that failure to Respond or Answer could result in the court giving the
other party any and all things requested in his or her legal papers, through a Default Judgment,
Order or Decree.
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5. RESTORE NAME. (ONLY in Divorce, Legal Separation or Annulment Cases.)
My complete married name is: (Complete ONLY if you want to change your name)
I want my legal name restored to: (List complete maiden name or legal name before
this marriage)
BY SIGNING BELOW, I swear or affirm that I have read and understand the contents of
this document and that I have received and accepted the legal documents indicated above.
Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public
(Notary’s Signature)
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PROCEDURES
How to Serve Court Papers by Certified Mail
USE THIS PROCEDURE ONLY after you have filed your papers with the court.
STEP 1: GO TO THE POST OFFICE and tell the clerk you would like to mail the other
party a letter as follows:
Certified Mail, and
Deliver to Addressee Only, and
Restricted Delivery, and
Return Receipt Requested, and
Pay the postage.
STEP 2: WAIT for green receipt to be returned with the other party’s signature. When you get
the green receipt, note the date the other party received and signed for the papers.
STEP 3: PAPERS FOR THE COURT
COMPLETE: Original of
“Affidavit of Service by Certified Mail.”
Fill in
ALL information requested on the form before proceeding. Be sure you fill
in the date the other party received the papers. If you are unsure of the date,
use the date you received the return receipt card. If you fail to list a date, the
court may not process your papers and your case may be delayed.
ATTACH: You must attach the original green receipt to the Affidavit to prove
how you served the other party.
COPY: Make yourself a copy of the
“Affidavit of Service by Certified Mail”
and a copy of the green receipt to keep for your files.
STEP 4: FILE PAPERS WITH THE COURT. File the Original
“Affidavit of Service by
Certified Mail”
and the original green receipt with the Clerk of the Court.
STEP 5: COUNT. Note the date the other party was served the papers and start counting the
days the other party has to file a Response or Answer. (When counting the days, start
counting with the day after the other party signed the green receipt.)
DO NOT BRING CHILDREN TO COURT
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
AFFIDAVIT OF SERVICE BY
CERTIFIED MAIL
Name of Respondent
HONORABLE:
1. I am familiar with the facts stated in this Affidavit, and I make this Affidavit to show that I have
served the court papers on the other party by certified mail, postage prepaid, return receipt requested,
pursuant to Arizona Rules of Civil Procedure, Rule 4.2(c).
Person served (name of other party):
Address where other party was served:
Date of receipt by the other party:
Date of return of receipt to sender:
2. The following documents were sent to the other party by certified mail (List all the documents
sent to the other party):
These court papers were received by the other party as shown by the
original RETURN
receipt that
is attached to this Affidavit.
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Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public (Notary’s Signature)
ATTACH THE ORIGINAL MAIL RETURN RECEIPT HERE
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INSTRUCTIONS
How to Serve Court Papers by Registered Process Server
STEP 1: FIND. You must hire a Registered Process Server. You may locate process servers in
the commercial section of the phone book under "Process Server," or online by using
the search term “Arizona Process Servers” or similar, or at the web site of the Arizona
Process Server’s Association at http://arizonaprocessservers.org/.
NOTICE: There are fees for service of court papers.
May offer greater flexibility in serving papers “after-hours” or on short notice.
Are paid directly by you, not through the court.
If you qualify, Process Server Fees may be deferred or waived within Pinal
County only.
Out of County Process Server Fees may not be deferred or waived by the
court.
STEP 2: GO. Go to the Registered Process Server’s office. TAKE with you the following
items:
Copy of
“Summons”
(if your case has a summons).
Other party’s set of copies of the court papers.
A picture or a written physical description of the other party.
A written description of the automobile that the other party drives.
The address where the other party can be served.
The amount you need to pay for this service. (You can call ahead of time to
ask the Process Server what type of payment they require.)
STEP 3: WAIT. The Process Server will mail you a copy of the
“Affidavit of Service”
after
he/she serves the other party with the papers. IMPORTANT: If the Process Server
does not file an
“Affidavit
of Service”
with the Clerk of the Court, you must get the
“Affidavit of Service”
from the Process Server and file it.
STEP 4: COUNT. Look at the
“Affidavit of Service”
to find out the date the other party was
served with the court papers and start counting the days for the other party to file a
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Response or Answer. When counting the days, start counting with the day after the
other party was served the papers. Look at the
“Affidavit of Service”
to find out the
date the other party was served with the court papers and start counting the days for
the other party to file a Response or Answer. When counting the days, start counting
with the day after the other party was served the papers.
DO NOT BRING CHILDREN TO COURT.
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PROCEDURES
How to Serve Court Papers by Sheriff
STEP 1: GO. Contact the Sheriff’s Office in the county where the other party lives.
Bring your court papers with you, or send a copy of the court papers to the
Sheriff’s Office if the other party does not live in the same county as you do.
The Pinal County Sheriff’s Office is located at:
Pinal County Sheriff's Office
971 Jason Lopez Circle, Bldg C
Florence, AZ 85132
1-800-420-8689
NOTICE: There are fees for service of court papers.
STEP 2: WRITE. If you are asking that the papers be served by a Sheriff’s Department
other than Pinal County’s, fill out the attached sheet for identifying the other
party and provide:
Other party’s set of copies of the court papers.
A picture or written physical description of the other party.
A written description of the automobile the other party drives.
The address where other party can be served.
“Certified Order Waiving/Deferring Fees,
or a $200.00
deposit fee - cash/money order.
STEP 3: WAIT. The Sheriff may mail you a copy of the
“Affidavit of Service”
after
the other party is served with the papers, or the Sheriff may file these papers
instead of sending them back to you.
STEP 4: COUNT. Read the
“Affidavit of Service”
to find out the date the other party
was served with the court papers and start counting the days the other party
must file a Response or Answer. (When counting the days, start counting with
the day after the other party was served with the court papers.)
DO NOT BRING CHILDREN TO COURT.
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(YOUR NAME)
(ADDRESS)
(CITY/STATE/ZIP)
(TELEPHONE NUMBER)
(DATE)
County Sheriff
(COUNTY NAME)
(ADDRESS)
COURT CASE NO. S1100 DO2
(CITY/STATE/ZIP)
REGARDING: (NAME OF PERSON TO BE
SERVED)
I enclose a copy of the following documents: (LIST ALL DOCUMENTS YOU WANT TO BE
SERVED)
Please serve these papers on the other party. His or her current address and physical description are:
(OTHER PARTY’S NAME)
(HOME ADDRESS)
(WORK ADDRESS)
(HOME CITY/STATE/ZIP)
(WORK CITY, STATE, ADDRESS)
SEX
RACE
BIRTH
HGT.
WGT.
EYES
HAIR
SSN
Please return a notarized
“Affidavit of Service”
to my address at your earliest convenience. The
court requires that each document served be named in the
“Affidavit of Service.”
I also enclose a deposit of $200. I understand there is a $16.00 service fee, a travel fee of $2.40
per mile (one way), for each attempt at service, and a $8.00 notary fee. I understand that the
difference between my deposit and the fees accrued for service will be billed, or returned, to
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me. OR,
I also enclose a certified copy of the
“Order for Waiver/Deferral of Fees for Service of
Process.”
Thank you for your cooperation in this matter.
(YOUR SIGNATURE)
Enclosures
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PROCEDURE
How to Serve the Court Papers by Publication
STEP 1: PUBLISH THE COURT PAPERS. As per A.R.S., Rules of Civil Procedure, Rule 4.2
(f).
A. How to serve the court papers by publication if you do not know if the other
party lives in the county in which your case is pending (Pinal County) and/or
the other party’s last known address was not in Arizona.
1. If you are paying the costs to publish, use any paper of general circulation and that
are familiar with the requirements and regularly publishes legal notices.
NOTICE: There are fees for service of court papers.
B. How to publish service if the other party’s last known address is in Arizona and
that address is not in the county in which your case is pending:
1. You must publish in the county in which your case is pending and you must
publish in a newspaper in the county of the last known residence of the person to
be served.
2. To publish in Pinal County follow the instructions in “A” above how to publish
service of process if the other party lives in the same county in which your case is
pending.
3. To publish in another county (not Pinal County) you will need to contact a
newspaper company in that county.
C. How to publish service if the other party is known to live in another country:
1. You will have to contact an attorney to see if this method of service is appropriate
for your situation.
STEP 2: WAIT. Wait for the newspaper to send you the original of the document called
“Affidavit
of Service”
in about five weeks.
STEP 3: COMPLETE YOUR PAPERWORK.
A. Fill out the
“Affidavit Supporting Publication,”
where you will list everything you
did to attempt to find the other party before resorting to publication.
NOTICE: If the Court is not satisfied that you have made every reasonable effort to locate
the other party, you may be required to take additional steps adding delay and expense
to your case, including being required to publish notice again.
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B. ATTACH a copy of the published notice from the newspaper(s).
C. KEEP A COPY for your records of the
“Affidavit Supporting Publication.”
STEP 4: FILE THE COURT PAPERS.
A. File the original
Affidavit Supporting Publication
and a copy of the publication(s),
AND;
B. File the original
“Affidavit of Service”
you received from the newspaper(s).
STEP 5: COUNT.
A. Find out the date the other party was served with the court papers. You can find this
date by looking at the date of the first newspaper publication. Then count the days for
the other party to file a Response or Answer. (When counting down the days, start
counting with the day after the first day of publication.)
B. If the other party does not file a Response or Answer within the required time period,
see a lawyer for help.
C. If the other party files a Response or Answer, see a lawyer for help.
DO NOT BRING CHILDREN TO COURT
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Arizona Rules of Family Law Procedure, Rule 6.3(h)
Print Name
Your Address
Date
Name of Newspaper
Address
To Whom It May Concern:
I need to publish notice in the newspaper about the following matter:
Court Case Number S1100DO2
Enclosed is a copy of the following documents stamped by the Clerk of Court (list all the
documents here :)
1.
2.
3.
4.
Please publish a Notice in your newspaper about this court case once a week for four successive weeks.
Also enclosed is (Check One Box):
A check or money order in the amount of $ for the cost of the publication as
requested.
A certified copy of the Order from the court waiving the publication costs.
When you receive this letter, please call me at to tell me when the first publication will occur. When
all four weeks of publication have been completed, please send to me the original and one copy of an
Affidavit of Publication.
Thank you for your help in this matter.
Yours truly,
Sign Your Name
Enclosures:
Court documents AND
Check or Money Order OR
Certified copy of Court Order of Waiver/Deferral of Publication Fees
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
DECLARATION OF DUE DILIGENCE AND
REQUEST FOR ALTERNATE MEANS OF
SERVICE (PUBLICATION)
Name of Respondent
HONORABLE:
1. I make this Affidavit to tell the Court why service by publication is needed.
2. Pursuant to Arizona Rules of Civil Procedure, Rules 4.1(e) and 4.2(e), service by publication
is the best way to notify the other party of this court case because the other party is:
Avoiding Service of Process. I have mailed, postage prepaid, a copy of the following
legal documents:
to the last known address of the other party on or before the first date of publication, OR
The other party’s residence is unknown. I have not mailed copies of the proceedings to
the other party.
3. The residence and whereabouts of the other party is unknown to me, even though I have
made a diligent search to find out. My search failed to reveal any information that might lead
to knowledge about the other party’s residence or whereabouts. This is what I did to try to
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find the other party. (Explain in detail here everything you did to try to find the other party.)
4. To the best of my knowledge, information and belief, the other party is not in the military
service of the United States.
5. I have read this statement and know of my own knowledge that the facts stated herein are true
and correct.
Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public
(Notary’s Signature)
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SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
ORDER FOR ALTERNATE MEANS OF
SERVICE (PUBLICATION)
Name of Respondent
HONORABLE:
The Court having reviewed the
“Declaration of Due Diligence and Request for Alternate Means
of Service,
and good cause appearing,
IT IS HEREBY ORDERED granting
“Declaration of Due Diligence and Request for
Alternate Means of Service.
DONE IN OPEN COURT this day of , 20____
JUDGE/COMMISSIONER OF THE SUPERIOR COURT
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
AFFIDAVIT SUPPORTING
PUBLICATION
A.R.C.P. 4.1, 4.2 - A.R.F.L.P. 41, 42
Name of Respondent
HONORABLE:
1. I make this Affidavit to tell the Court why service by publication was used and to show how
service by publication was done.
2. Pursuant to Arizona Rules of Civil Procedure, Rules 4.1(e) and 4.2(e), service by publication is the
best way to notify the other party of this court case because the other party is:
Avoiding service of process. I have mailed, postage prepaid, a copy of the following legal
documents:
to the last known address of the other party on or before the first date of publication, OR
The other party’s residence is unknown. I have not mailed copies of the proceedings to the
other party.
3. The residence and whereabouts of the other party is unknown to me, even though I have made a
diligent search to find out. My search failed to reveal any information that might lead to knowledge
about the other party’s residence or whereabouts. This is what I did to try to find the other party.
(Explain in detail here everything you did to try to find the other party.)
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4. To the best of my knowledge, information and belief, the other party is not in the military service
of the United States.
5. The following documents were published in a newspaper in the county where my case is
pending. (List title/name of each document. Example: Petition, Summons)
The documents above were published on the following dates:
A.
B.
C.
D
.
AND/OR
The following documents were published in a newspaper in the Arizona County of the
other party’s last known address, or in an adjoining county if no newspaper is
published in that county, and neither is the county in which my case is pending.
The documents above were published on the following dates:
A.
B.
C.
D
.
6. An Affidavit of Publication for each newspaper has been filed into court record.
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7. I have read this statement and know of my own knowledge that the facts stated herein are true
and correct.
Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public
(Notary’s Signature)
INSTRUCTIONS: ATTACH the original of the Affidavit of Publication from the
Newspaper(s) to this page.