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Revised 03.13.18
DIVORCE
WITHOUT 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 WITHOUT 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 WITHOUT MINOR CHILDREN
This packet contains general information and instructions about filing a divorce petition for a
non- covenant marriage and other court papers when there are no minor children common to
the parties. 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
6
4
Summons
2
5
Notice Regarding Creditors
3
6
Notice of Right to Convert Health Insurance
2
7
Preliminary Injunction
3
8
Sensitive Data Sheet (*NO COPIES REQUIRED)
2
9
Family Court Cover Sheet (*NO COPIES REQUIRED)
3
10
Petition for Dissolution of Marriage (Divorce) – Without Children
11
*NO COPIES REQUIRED. File original only. Do not serve on other party.
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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.
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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 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
.
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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
Without Minor Children
STEP 1: COMPLETE FORMS –
TYPE OR PRINT IN BLACK INK
PLEASE DO NOT LEAVE ANY QUESTIONS BLANK
•
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
✓
Preliminary Injunction
✓
Petition for Dissolution of Non-Covenant Marriage without 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.
Preliminary Injunction
5.
Sensitive Data Sheet
6.
Family Court Cover Sheet
7.
Petition for Dissolution of Non-Covenant Marriage without Minor Children
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Set 2: COPIES FOR YOU THE PETITIONER
1.
Summons
2.
Notice Regarding Creditors
3.
Notice of Right to Convert Health Insurance
4.
Preliminary Injunction
5.
Petition for Dissolution of Non-Covenant Marriage without 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.
Preliminary Injunction
5.
Petition for Dissolution of Non-Covenant Marriage without Minor Children
STEP 4: FILING FEES
There is a filing fee to file the Petition for Dissolution of Non-Covenant Marriage without 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.
•
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.
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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 without Minor
Children you should arrive at least two (2) hours before the court closes.
The following must be handed to the Clerk at the Filing Counter:
✓
Original plus two (2) copies of:
•
Summons
•
Notice Regarding Creditors
•
Notice of Right to Convert Health Insurance
•
Preliminary Injunction
•
Sensitive Date Sheet
(original only)
•
Family Court Coversheet
(original only)
•
Petition for Dissolution of Non-Covenant Marriage without 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.
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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.
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:
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•
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 five different scenario’s 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. A Consent Decree may be submitted if (61) days from the date of service has
passed. An additional order will be required if spousal support is being awarded.
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When submitting a Consent Decree, you are required to submit the original plus two (2)
copies of all documents and orders along with two (2) self-addressed stamped envelopes.
Please refer to our Consent Decree without 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 you have filed your Application and Affidavit for Default, you may
qualify for a Default Decree without a Hearing. Your case must meet a criteria to be
eligible for a Default Decree without a Hearing. Please reference our
Default without a
Hearing
packet to determine if your case is eligible.
•
SCENARIO 4:
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 5
: 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.
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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:
S1100DO2
Name of Petitioner
(Leave Blank)
PETITION FOR DISSOLUTION OF A
NON- COVENANT MARRIAGE (DIVORCE)
WITHOUT 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:
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How long you have lived in Arizona:
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 WITHOUT 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.
*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.
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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).
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.
Domestic Violence
INSTRUCTIONS: 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.
7.
Spousal Maintenance: Money paid from one spouse to the other spouse after the divorce, also
known as alimony.
INSTRUCTIONS: Check this box if you do not want either spouse to receive spousal
maintenance.
☐ Neither party is entitled to spousal maintenance
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.
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☐ 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.
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.
2.
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)
___________________________________________________________________________
3.
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 $__________
p
er 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
$__________ month, whichever comes first.
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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.
4.
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.
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:
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Creditor Name
Amount Owed
Amount or
Percent to be
paid by Petitioner
Amount or
Percent to be
paid by Respondent
☐ 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:
☐ 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:
Creditor Name
Amount Owed
Amount or
Percent to be
paid by Petitioner
Amount or
Percent to be
paid by Respondent
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5.
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.
Description of Property
Awarded to
Petitioner
Awarded to
Respondent
Value
$
$
$
$
$
$
$
$
$
$
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:
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☐ 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
$
$
$
$
$
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
__________________________________________________________________________
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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 .
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:
___________________________________________________________________________
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___________________________________________________________________________
___________________________________________________________________________
6.
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.
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:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
7.
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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Other Requests (Continued):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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 03.13.18
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.
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WHEN IS A WRITTEN RESPONSE TO THE COURT PAPERS DUE?
• 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. S1100DO2
(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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DO_SBP _COSCPinal_03.13.18
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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
Page 1 of 2
DO_DDDRAMS_COSCPinal_03.05.18
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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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DO_DDDRAMS_COSCPinal_03.05.18
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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)
Page 1 of 1
DO_OAMS_COSCPinal_02.27.18
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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
Page 1 of 3
DO_ASP_COSCPinal_03.05.18
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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.)
Page 2 of 3
DO_ASP_COSCPinal_03.05.18
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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.
Page 3 of 3
DO_ASP_COSCPinal_03.05.18
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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.
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Save PDF to desktop
Email
Email completed PDF
Send for Signing
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Divorce Without Children Parties Dont Agree (Clerk of the Superior Court)

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Completed 25 July 2020

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