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Legal Separation Without Children Parties Dont Agree (Clerk of the Superior Court)

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Revised 03.14.18
LEGAL SEPARATION
WITHOUT
MINOR CHILDREN
(For Petitioner Only)
(When Parties DO NOT AGREE to all terms of the Separation)
PINAL COUNTY
NON-CONVENANT MARRIAGE
TO FILE FOR LEGAL SEPARATION WITH CHILDREN
STEP 1
(Please complete step one before proceeding to the next step)
INSTRUCTIONS AND FORMS
Provided as a Public Service by
AMANDA STANFORD
Clerk of the Superior Court
Reset Form
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LEGAL SEPARATION WITHOUT MINOR CHILDREN
This packet contains general information and instructions about filing a legal separation
petition and other court papers when there are
NO
minor children. Be sure this packet
contains the following documents:
Order
Title
# of Pages
1
Table of Contents (this page)
1
2
Representing Yourself in Family Court
3
3
Checklist
1
4
Instructions: How to Fill out Petition for Legal Separation without
Children
7
5
Procedures: How to file Legal Separation Papers with the Court
2
6
Summons
2
7
Notice Regarding Creditors
2
8
Notice of Right to Convert Health Insurance
2
9
Preliminary Injunction
3
10
Sensitive Data Sheet (*NO COPIES REQUIRED)
2
11
Family Court Cover Sheet (*NO COPIES REQUIRED)
3
12
Petition for Legal Separation of Non-Covenant Marriage without
Minor Children
7
*NO COPIES REQUIRED. File original only. Do not serve on other party.
You have permission to use these documents for any lawful purpose. These forms shall not be
used to engage in the unauthorized practice of law. The Court assumes no responsibility and
accepts no liability for actions taken by users of these documents, including reliance on their
contents. The documents are under continual revision and are current only for the day they
were received. It is strongly recommended that you verify on a regular basis that you have the
most current documents.
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REPRESENTING YOURSELF IN FAMILY
COURT
This brief guide provides some very basic information to help you understand the proceedings.
It does not tell you everything about family law or family court, and it is no substitute for
understanding Title 25 of the Arizona Revised Statutes, the Arizona Rules of Family Law Procedure,
and the Arizona Rules of Evidence. For more information, you should go to the Pinal County Superior
Court website (www.pinalcountyaz.gov/Departments/JudicialBranch/) or consult a lawyer.
Proceedings in Family Court
Proceedings in Family Court follow the
Arizona Rules of Family Law Procedure
.
In a divorce or paternity case, you may be referred to an Expedited Differentiated Case
Management Conference, Mediation, Family Assessment, or a Settlement Conference (sometimes
called an Alternative Dispute Resolution or “ADR”). These proceedings are designed to help the
parties reach agreement on all or some of their disputes. They generally are not conducted by your
assigned Judge.
You may also have to appear before the Judge for a pretrial hearing. The most common pretrial
hearings are (1) a
Resolution Management Conference
, which helps the Judge manage the case by,
among other things, setting deadlines and a trial date; and (2) a
Temporary Orders Hearing
, at which
the Judge may issue temporary orders to govern the case until the trial.
If you do not reach a settlement of all issues, there will be a
trial
. This is the single hearing
where the Judge will hear your evidence and make final decisions on disputed issues.
Disclosure and Discovery
To help parties prepare for the trial, the Arizona Rules of Family Law Procedure have
disclosure
and
discovery
requirements.
Disclosure
requirements are in Rule 49. Each party must voluntarily provide certain
information to the other party. You have an obligation to disclose such information to the other party,
and you have a right to insist that the other party disclose such information to you. Failure to disclose
as required may result in sanctions, including being barred from offering evidence that was not timely
disclosed.
If you need information that is not voluntarily disclosed, you may engage in
discovery
, such
as requesting documents from a party or subpoenaing documents from non-parties. Rules 51 through
65 of the Arizona Rules of Family Court discuss the requirements for discovery.
What is a Trial?
A trial is the time for you and for the other party to present
evidence
on disputed issues.
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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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PETITION AND PAPERS FOR
“
LEGAL SEPARATION WITHOUT CHILDREN
”
CHECKLIST
USE THE FORMS AND INSTRUCTIONS in this packet only if the following factors apply
to your situation:
✓ You want to file a petition for legal separation. Warning: If the other party does not want
a Legal Separation, the Court will not enter a Legal Separation,
AND
✓ You are not ready to file for divorce.
AND
✓ You and your spouse have no minor children with each other AND the wife is not
pregnant by the husband or will not be pregnant by the husband before the Legal
Separation is over, (if you have children together, see the Legal Separation with Children
packet)
AND
✓ Either you or your spouse live in Arizona, or one of you is a member of the armed forces
and is
stationed in Arizona,
AND
✓ Either you or both of you desire to live separate and apart or you believe that the marriage is
irretrievably broken (you and your spouse cannot make the marriage work),
AND
✓ You or your spouse has tried to resolve your problems through Conciliation Court, or
READ ME: It is very important for you to know that when you sign a court document, you
may be helping or hurting your court case. Before you sign any court document, or get
involved with a court case, it is important that you see a lawyer to make sure you are doing
the right thing.
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INSTRUCTIONS
“Petition for Legal Separation without Children”
DOMESTIC VIOLENCE: Domestic violence can be part of any marriage. Domestic violence
includes physical violence such as hitting, slapping, pushing or kicking or threats of physical violence
directed against you and/or your children and/or verbal abuse used to control you and/or your
children.
Court documents request your address and phone number. If you are a victim of domestic violence,
and you do not want your address to be known to protect yourself or your children from further
violence, you must file a
“Petition for an Order of Protection”
and ask that your address not be
disclosed on court papers. With that Order, you do not need to put your address and phone number on
your legal separation papers. Just write "protected" in the space on the form where you are asked for
this information. You must tell the Clerk of the Court your address and phone number as soon as
possible so the court can get in touch with you. The court will keep your address protected.
(ALL FORMS: TYPE OR PRINT IN BLACK INK)
FAMILY COURT COVER SHEET
•
The Family Court Cover Sheet is REQUIRED to be completed and filed in Pinal
County.
•
Write in the information requested about the petitioner, respondent and any children under
the age of 18.
•
DO NOT INCLUDE MAILING ADDRESS ON THIS FORM IF REQUESTING
ADDRESS PROTECTION.
•
Case Type: Mark only one box that matches the legal procedure for which you are filing the
documents in this packet: [x] Legal Separation.
•
Interpreter: Check “yes” or “no” to indicate whether an interpreter is needed. If “yes,”
write in what language(s).
•
No additional copies needed. Do NOT serve this document on the other party.
SENSITIVE DATA SHEET
•
Write in the information requested about petitioner, respondent, and any children under
the age of 18.
•
DO NOT INCLUDE MAILING ADDRESS ON THIS FORM IF REQUESTING
ADDRESS PROTECTION.
•
No additional copies needed. Do NOT serve this document on the other party.
SUMMONS AND PRELIMINARY INJUNCTION: Fill in the following information: Your
name; street address (if not protected); city, state and zip code; telephone number; ATLAS number;
name of Petitioner (your name); name of Respondent (your spouse's name). You will have an
ATLAS number ONLY if you receive or have received AFDC or other public benefits for your minor
child(ren) that are common to you and your spouse. If you are represented by an attorney, write in the
attorney’s bar number. Tell the court whether you represent yourself or are represented by an attorney.
DO NOT fill out the rest of the form except on Page 2 of the Preliminary Injunction; fill out the
description of other party. The Clerk of Court will complete it later.
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PETITION FOR LEGAL SEPARATION WITHOUT CHILDREN:
A.
Use this form ONLY if you are getting a legal separation and there are no children under the
age of 18, common to you and your spouse, whether by birth or adoption, AND you do not
have a “covenant” marriage. Make sure your form is titled “
PETITION FOR LEGAL
SEPARATION WITHOUT CHILDREN.”
B.
In the top left corner of the first page, fill out the following: your name (if you are the
person filling out the petition and filing the petition with the court); your address (if not
protected); your city, state andzip code; your telephone number; and your ATLAS number,
if you are receiving or have received AFDC from the Arizona Department of Economic
Security; Attorney Bar Number, if represented by a lawyer; then check the box to say
whether you are representing yourself or not.
C.
Fill in your name in the space that says "Name of Petitioner." Remember, you will be the
PETITIONER through the whole case. (This includes any emergency petitions, temporary
petitions, and post-legal separation decree petitions.) In the space that says "Name of
Respondent", fill in the name of your spouse. Your spouse will be the RESPONDENT for
the rest of this case. (This includes any emergency petitions, temporary petitions, and post-
legal separation decree petitions.)
D.
Leave line blank for “DO” Case Number. When you file your papers, you will receive a case
number from the Clerk of the Court.
GENERAL INFORMATION:
1.
INFORMATION ABOUT YOU, THE PETITIONER. Fill in the Petitioner’s name,
address (if not protected), date of birth, social security number, occupation, and length of
time in Arizona.
2.
INFORMATION ABOUT YOUR SPOUSE, THE RESPONDENT. Fill in the
Respondent’s name, address, (if you know it) date of birth, social security number,
occupation, and length of time in Arizona.
3.
INFORMATION ABOUT YOUR MARRIAGE. Fill in the date you were married, and
the city and state where you were married. If you do not know this information, and you were
married in Pinal County, you may get a copy of your marriage license from the Clerk of the
Superior Court at 31 North Pinal Street in Florence. If you were married in another county
in Arizona, go to the Clerk of the Superior Court in the county seat where you were married
to get this information. To use these forms, your marriage cannot be a “covenant” marriage.
One way to tell whether you have a covenant marriage is to find out whether you signed a
document with language similar to this on it: “We solemnly declare that marriage is a
covenant between a man and a woman who agree to live together as husband and wife for as
long as they both live. We have chosen each other carefully. We understand that a covenant
marriage is for life. If we experience marital difficulties, we commit ourselves to take all
reasonable efforts to preserve our marriage, including marital counseling. We declare that
our marriage will be bound by Arizona law on covenant marriages and we promise to love,
honor and care for one another as husband and wife for the rest of our lives.” Check the box
to say that your marriage was not a “covenant” marriage. If your marriage was a “covenant”
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marriage, or if you have questions about whether you have a “covenant” marriage, contact a
lawyer for help.
4.
90-DAY REQUIREMENT. This tells the court that you OR your spouse have lived in
Arizona, or been stationed in Arizona while in the Armed Forces, for at least 90 (ninety) days
prior to the day you filed the
“Petition for Legal Separation without Children.”
Before
you file for a legal separation, this MUST be true. IF IT IS NOT TRUE, YOU
CANNOT FILE FOR LEGAL SEPARATION.
INFORMATION ABOUT PROPERTY AND DEBT:
READ ME!!!!!! The information you give in paragraphs 5 and 6 tells the court about your property
and debts, and how you think your property and debts should be divided. Community property is
generally any property you and your spouse purchased during your marriage or paid for during the
marriage, no matter WHO uses the property or WHO paid the money. Unless property was a gift or an
inheritance, or acquired after the Petition for Dissolution was served on the Respondent, generally all
property acquired during the marriage is community property, and both you and your spouse are
entitled to roughly an equal share of this property. Community debts or bills are generally any debt
you and your spouse acquired during your marriage, no matter WHO spent the money. Separate
property and/or separate debt is generally any property you had, or brought into the marriage.
HOWEVER, there are exceptions to these statements. For example, some property acquired during the
marriage is still considered separate property. For example, if you were involved in an automobile
accident, and received damages for pain and/or suffering or will receive damages for pain and
suffering, the money you received, or will receive, for pain and suffering is your separate property. If
you have questions, or have a lot of community property or debt, you should speak with an attorney
BEFORE filing your Petition or other papers.
5.a.
COMMUNITY PROPERTY: If you and your spouse do not have any property from
the marriage, check the first box. If you and your spouse do have property together, check
the second box. If you checked the second box, you must tell the Court what property
should go to you and what property should go to your spouse. Generally, the Court will
divide the property 50-50 as of the time the Respondent was served with the Petition for
Legal Separation, unless there are good reasons why this should not happen. It is unlikely
that the Court will give most, or all, of the property to either spouse, so put some thought
into what you think would be a fair division before answering this question. Usually, if you
and your spouse cannot decide which spouse should receive which property, the Court will
order that the property be sold and any money received divided between you and your
spouse.
First, list the property that you want the court to award to you, the Petitioner, and list the
property that you want the court to award to your spouse, the Respondent. Put a check in the
box that matches the property you want to go to which person. You should describe the
property thoroughly for identification purposes and state its value when asked. You
can use the brand name, model and serial number where applicable.
TYPES OF PROPERTY:
a)
Real Property (property (land) or home). Check who you want to get the
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property. You can ask the court to give you the property (land/home), to give the
property (land/home) to your spouse, or to sell the property (land/home) and divide
the proceeds. You should write the complete address of the property under "Real
Estate 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 the legal description for your property. A cemetery plot is
considered real property.
b)
Household furniture. This includes sofas, beds, tables, and so forth.
c)
Household furnishings. This includes things in the house other than furniture,
for example: dishes, small appliances, rugs, and so forth.
d)
Other. List things that you want, or you want your spouse to have, that have not been
listed.
e)
Pension/retirement fund/profit sharing/stock plans/401K. You and your
spouse each generally have a right to a one-half interest in the other spouse's plan,
based upon the length of your marriage. The longer the marriage, the greater your
financial interest in your spouse's plan. (Your interest, usually, includes up to 50
percent of the benefits/plan if you have been married the whole time the plan has
existed.) Check this box if you want to divide your interest in a retirement or profit
sharing/retirement/401K plan. If you check this box, you must see an attorney about
a document called a Qualified Domestic Relations Order or QDRO. A QDRO is a
very specialized legal document that requires professional assistance to prepare.
f)
Motor vehicles. List the Vehicle Identification Number (VIN), the year and make
of the car (Ford, Honda) and the model (Mustang, Lumina). Then state its estimated
value.
5.b.
SEPARATE PROPERTY: If you did not have property, or bring any property into the
marriage, check the first box. If your spouse did not have or bring any property into the
marriage, check the next box. If you or your spouse did have property and brought property
into the marriage or if you or your spouse have separate property, check the third and/or
fourth box. If you checked the third and/or fourth box, you must tell the court what property
you brought into the marriage and what property your spouse brought into the marriage or
what property is separate property. List the property that you want the court to award to
you, the Petitioner, and list the property that you want the court to award to your spouse, the
Respondent. Put a check in the box that matches the property you want to go to which
person. You should describe the property thoroughly for identification purposes and state
its value. You can use the brand name, model and serial numbers when applicable.
6.a.
COMMUNITY DEBTS: If you and your spouse do not owe money on any debts from the
marriage or do not owe community debt, check the first box and go directly to paragraph
7. If you and your spouse do owe money on any debts from the marriage or any community
debt, check the second box. If you check the second box, tell the court which debts you
should pay and which debts your spouse should pay. The court will attempt to make a fair
division of the debts. If you get property that has a debt on it, you will probably also be
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given the debt. Ordering one person to pay all the debt(s) is unusual. Think about what is a
fair division of the debts before answering this question. Provide enough information to
accurately identify each debt.
If you and your spouse have been separated and have acquired new debts on your own before
filing for legal separation, you may want the court to order that each of you personally pay
for any new debt(s) incurred after the date you separated. You can make this request on the
last page of your Petition under letter D “Community Debts."
6.b.
SEPARATE DEBTS: If you and your spouse do not owe money on any debts incurred
prior to the marriage, and do not have separate debt, check the first box and go directly to
number 7. If you owe money on debts incurred prior to the marriage, or have separate debt,
check the second box. If your spouse owes money on debts incurred prior to the time you
were married, or has separate debt, check the third box. If either you or your spouse owes
money on any debts you or your spouse brought into the marriage, or have separate debt,
describe the debts, and tell the court which debts you should pay and which debts your
spouse should pay.
INFORMATION ABOUT TAX RETURNS:
7.
Tax Returns: Decide what you want to do about any income tax refund. Check the box if
you want income taxes to be paid as stated. If you have questions, you should see a lawyer,
an accountant, and/or contact the Internal Revenue Service (IRS).
INFORMATION ABOUT SPOUSAL MAINTENANCE/SUPPORT (ALIMONY):
8.
Spousal Maintenance/Support (Alimony): This is the term used to describe money paid
from one spouse to the other spouse as part of a legal separation settlement. You may
know the term as alimony or spousal maintenance. Spousal Maintenance/Support is
designed as a safety net for a spouse who cannot provide for his/her needs or who meets
other requirements listed on the Petition under paragraph 8. The idea behind spousal
maintenance/support is that accomplishments during your marriage, including increases in
earning potential and living standards, are shared, and earned, by BOTH parties to a marriage.
Look at paragraph 8 to see if spousal maintenance/support applies to you or your spouse. If
spousal maintenance/support applies, check the box that most applies to you. If none of the
boxes apply, or you do not want spousal maintenance/support, go to paragraph 9. Check
all the boxes that apply to your situation. Spousal maintenance/support is paid separately
from child support and is NOT a substitute for child support.
INFORMATION ABOUT PREGNANCY:
9.
Pregnancy: If the wife IS NOT pregnant at this time, check the first box and go on. If the
wife IS pregnant, check the second box. Fill out the date the baby is due, and fill in any
information regarding the parents of the unborn child. WARNING. If the Petitioner and
the Respondent are the parents of the unborn child, STOP. You must file a “
Petition for
Legal Separation with Children.”
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10.
Desire to Live Separate and Apart: Your marriage must be irretrievably broken (over) or
you and/or your spouse must desire to live separate and apart. If this is not a true statement,
you cannot file for Legal Separation.
11.
Other Statements to the Court: You are telling the court that you believe the following
statements are true:
o
Written Agreement. Check this box only if you and your spouse have a written
agreement regarding spousal maintenance and division of property/debt that both
you and your spouse signed BEFORE you filed the Petition for Legal
Separation. If you have only discussed these issues and do not have a written
agreement, do NOT check this box.
o
The conciliation requirements do not apply or have been met. This means that you
do not think marriage counseling through the court will help you get back with
your spouse.
REQUESTS TO THE COURT: This section requests that the court grant you and your spouse a
Legal Separation and tells the court other requests you are making:
A.
Legal Separation. This is your request to legally separate your non-covenant marriage.
B.
SPOUSAL MAINTENANCE/SUPPORT. This tells the court that you or your spouse
should pay money to the other spouse on a monthly basis to help with living expenses. Check
the first box if YOU (the Petitioner) will be paying spousal maintenance/support. Check the
second box if YOUR SPOUSE (the Respondent) will be, or should be, paying spousal
maintenance/support. If you or your spouse should not pay spousal maintenance/support,
do not check either box, and GO ON. (You can check a box only if you checked the
corresponding box in the spousal maintenance/support section, paragraph 8.) If you
request spousal maintenance/support, choose what you believe to be a reasonable monthly
amount and tell the court how long the money should be paid. Base the amount of any
request on the receiving party's need and the income of the party who will be paying this
money. Spousal maintenance/support is not a substitute for, nor a supplement to,
court ordered child support.
C.
COMMUNITY PROPERTY. This tells the court that your division of the property is fair,
and that the court should divide the property as requested by you in your Petition.
D.
COMMUNITY DEBT. This tells the court that your division of the debt is fair, and that the
court should divide the debts as requested by you in your Petition. IF YOU HAVE
BEEN SEPARATED FROM YOUR SPOUSE FOR ENOUGH TIME THAT YOU
OR YOUR SPOUSE MAY HAVE ADDITIONAL DEBTS, WRITE THE DATE
OF SEPARATION ON THE LINE PROVIDED IF YOU WANT EACH SPOUSE
TO PAY THE DEBTS INCURRED AFTER YOU SEPARATED.
E.
SEPARATE PROPERTY. This states that you will keep the property you owned before the
marriage and/or after the Respondent was served with the Petition for Legal Separation and
that your spouse will keep the property they owned before the marriage and/or after the
Respondent was served with the Petition for Legal Separation.
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F.
OTHER ORDERS. Tell the court anything else you may want ordered that has not been
covered in your Petition.
OATH OR AFFIRMATION AND VERIFICATION OF PETITIONER: Sign this form in
front of a Clerk of the Superior Court or a notary public. By doing so, you are telling the Court that
everything contained in the Petition is true, under penalty of perjury.
NOTICE OF RIGHT TO CONVERT HEALTH INSURANCE: This is an important document
that explains what to do about health care coverage for yourself and your minor child(ren). Read it
carefully, and be sure a copy is served on your spouse, along with the other legal separation papers.
NOTICE REGARDING CREDITORS: This is an important document that tells you and your
spouse that you are responsible for community debts to creditors even though the court order or
decree says that only one of you (either you or your spouse) are responsible. This notice must be served
on your spouse. In addition, read this notice to find out how to obtain information from your
creditors about account balances.
OTHER IMPORTANT PAPERS IN THIS PACKET:
Also attached is the packet for
Service of Court Papers
. All of the instructions and forms are
included.
CHANGE OF ADDRESS: It is very important for you (Petitioner and Respondent) to keep the
court informed of your most current address. This means that if the address information on this form is
incorrect or if you change addresses, you must contact the Clerk of the Court and give them your new
or current address. Change of Address forms can be obtained at one of our locations.
www.coscpinalcountyaz.gov/forms.html
Visit our website for office locations or feel free to give us a call.
Contact Information for all Offices
Toll Free: 888.431.1311 • Local: 520.509.3555 or 311 • Fax: 520.866.5320
www.coscpinalcountyaz.gov/office.html
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PROCEDURES
How to File Legal Separation Papers with the Court
STEP 1: ONCE YOU HAVE FILLED OUT THE DOCUMENTS AND YOU HAVE
SIGNED THEM IN FRONT OF A NOTARY PUBLIC, YOU NEED TO
MAKE COPIES:
Make 2 copies of the following documents after you have filled out the forms and had
your signature notarized:
•
Summons
•
Notice Regarding Creditors
•
Notice of Right to Convert Health Insurance
•
Preliminary Injunction
•
Petition for Legal Separation without Children
STEP 2: SEPARATE YOUR DOCUMENTS INTO THREE (3) SETS:
SET 1 - ORIGINALS FOR CLERK OF
COURT:
•
Summons
•
Notice Regarding Creditors
•
Notice of Right to Convert Health Insurance
•
Preliminary Injunction
•
Sensitive Data Sheet
•
Family Court Cover Sheet
•
Petition for Legal Separation without
Children
SET 2 - COPIES FOR SPOUSE:
•
Summons
•
Notice Regarding Creditors
•
Notice of Right to Convert Health Insurance
•
Preliminary Injunction
•
Petition for Legal Separation without
Children
SET 3 – COPIES FOR YOU:
•
Summons
•
Notice Regarding Creditors
•
Notice of Right to Convert Health Insurance
•
Preliminary Injunction
•
Petition for Legal Separation without
Children
STEP 3: FILE THE PAPERS WITH THE CLERK OF THE SUPERIOR COURT:
You should arrive at the Clerk’s Office at least two hours before it closes. You may
file your court papers at one of our locations.
Visit our website for office locations or feel free to give us a call.
Contact Information for all Offices
Toll Free: 888.431.1311 • Local: 520.509.3555 or 311 • Fax: 520.866.5320
www.coscpinalcountyaz.gov/office.html
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FEES: There is a filing fee for filing this Petition and there may be other charges associated
with this case. Inquire with the Clerk’s office regarding the filing fee amount or
go online to http://www.coscpinalcountyaz.gov/fees.html for a list of current fees.
Payment may be made by cash, money order, MasterCard, Visa, Discover and
American Express.
If you cannot pay these fees, you may request the fee(s) be deferred or waived. The
Clerk of the Superior Court has the necessary forms to ask for a deferral or waiver.
PAPERS:
NOTE: With the Application for Deferral, there is a fee and you must provide proof
of income (copy of your last 2 most recent paystubs.)
Hand all three (3) sets of your court papers to the deputy clerk along with the filing
fee. The clerk will file stamp and retain the originals and conform stamp your copies.
MAKE SURE YOU GET BACK THE FOLLOWING FROM THE CLERK:
•
Your Original
“Summons”
•
Your Set of Copies - Conformed
•
Your Spouse's Set of Copies - Conformed
STEP 4: SERVE THE PAPERS ON THE OTHER PARTY:
You must now serve the other party (Respondent) with a set of conformed copies. Follow the
instructions in the attached packet regarding Service of Court Papers.
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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
PETITION FOR LEGAL
SEPARATION WITHOUT
CHILDREN [624]
Name of Respondent
HONORABLE:
STATEMENTS TO THE COURT, UNDER OATH
1.
INFORMATION ABOUT ME, THE PETITIONER
Name:
Address:
Date of Birth:____________________________________________________________
Job Title:
Starting with today, number of months/years in a row you, the Petitioner, have lived in Arizona
___________________________________________________________________________
2.
INFORMATION ABOUT MY SPOUSE, THE RESPONDENT
Name: _________________________________________________________________
Address: _______________________________________________________________
Date of Birth:____________________________________________________________
Job Title:________________________________________________________________
Starting with today, number of months/years in a row the Respondent has lived in Arizona.
_______________________________________________________________________
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3.
INFORMATION ABOUT MY MARRIAGE
Date of Marriage: _________________________________________________________
City and state or country where we were married:
_________________________________
☐ We do not have a covenant marriage. (WARNING: You cannot use this paperwork if
have a covenant
marriage. If you have questions about whether you have a covenant
marriage or not, review your marriage license, and/or ask a lawyer for help.)
4.
90 DAY REQUIREMENT
☐ I or ☐ my spouse have lived, or have been stationed while a member of the Armed Forces,
in Arizona for at least 90 days before I filed this action. (WARNING: If this statement is not
true, you cannot file for a Legal Separation until it becomes true.)
5.a.
COMMUNITY PROPERTY: (Check one box)
☐ My spouse and I did not acquire any community property during the marriage, OR
☐ My spouse and I did acquire community property during our marriage, and we should
divide it as follows:
☐ Real Estate Located at: Petitioner Respondent Value
________________________________ ☐ ☐ $__________
Legal Description: ________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
☐ Real Estate Located at: Petitioner Respondent Value
________________________________ ☐ ☐ $__________
Legal Description: ________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
☐ Household Furniture and appliances: Petitioner Respondent Value
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
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☐ Household Furnishings: Petitioner Respondent Value
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
☐ Other Items: Petitioner Respondent Value
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
☐ Pension/Retirement Fund/Profit Sharing/ Petitioner Respondent Value
Stock Plan/401K:
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
☐ Motor Vehicles: Petitioner Respondent Value
Make: ☐ ☐ $__________
Model:
VIN:
Lien Holder:
☐ Motor Vehicles: Petitioner Respondent Value
Make: ☐ ☐ $__________
Model:
VIN:
Lien Holder:
5.b.
SEPARATE PROPERTY. (Check all boxes that apply.)
☐ I do not have any property, or separate property, that I brought into the marriage.
☐ My spouse, the Respondent, does not have any property, or separate property, that they
brought into the marriage.
☐ I do have property, or separate property, that I brought into the marriage. I want this
property awarded to me as described below.
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☐ My spouse, the Respondent, does have property, or separate property, that they brought
into the marriage. I want this property awarded to my spouse as described below.
Separate Property: (List the property and the value of the property, and check the box to
tell the court who should get the property.)
Description of Separate Property Petitioner Respondent Value
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
6.a.
COMMUNITY DEBTS: (check one box)
☐ My spouse and I did not incur any community debts during the marriage, OR
☐ My spouse and I did incur community debts during the marriage and we should divide
the responsibility for these debts as follows:
Description of Debt Petitioner Respondent Value
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
6.b.
SEPARATE DEBTS. (Check all boxes that apply.)
☐ My spouse and I do not have any debt, or separate debt, that were incurred prior to the
marriage.
☐ I do have debt, or separate debt that I incurred prior to the marriage, that should be paid
by me as described below.
☐ My spouse does have debt, or separate debt that he/she incurred prior to the marriage,
that should be paid by my spouse as described below.
Description of Debt Petitioner Respondent Value
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
_________________________________ ☐ ☐ $__________
7.
TAX RETURNS: (Check this box if this is what you want.)
☐ After the judge or commissioner signs the Order of Legal Separation, the parties will pay
federal and state taxes as follows, (subject to IRS Rules and Regulations): For previous years
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(the years the parties were married, not including the year the Order was signed), the parties
will file joint federal and state income tax returns. In addition, for previous calendar years,
both parties will pay, and hold the other harmless from, half of all additional income taxes and
other costs, if any, and each will share equally in any refunds. For the calendar year (the year
that the Order is signed) and all future calendar years, each party will file separate federal and
state income tax returns. Each party will give the other party all necessary documentation to
do so.
8.
SPOUSAL MAINTENANCE/SUPPORT (ALIMONY) (Check the box that
applies to you):
☐ Neither party is entitled to spousal maintenance/support (alimony), OR
☐ Petitioner OR ☐ Respondent is entitled to spousal maintenance/support because: (Check
one or more of the box(es) below that apply. At least one reason must apply to get spousal
maintenance/ support.)
☐ Person lacks sufficient property to provide for their reasonable needs;
☐ Person is unable to support himself/herself through appropriate employment;
☐ Person is the custodian of a child(ren) whose age or condition is such that the person
should not be required to seek employment outside the home;
☐ Person lacks earning ability in the labor market adequate to support himself/herself;
and,
☐ Person contributed to the educational opportunities of the other spouse or has a
marriage of long duration and is now of an age that precludes the possibility of gaining
employment adequate to support himself/herself.
9.
PREGNANCY
☐ Wife is not pregnant, OR
☐ Wife is pregnant
☐ The baby is due on (date), (and, check one box below):
☐ The Petitioner and Respondent are the parents of the child, OR
☐ Petitioner is not the parent of the child, OR
☐ Respondent is not the parent of the child.
10.
DESIRE TO LIVE SEPARATE AND APART. My marriage is irretrievably broken (my
marriage is over) or I and/or my spouse desire to live separate and apart. (This must be a
true statement or you cannot file for a Petition for Legal Separation.)
WARNING. If wife is pregnant and the Petitioner and the Respondent are the parents of
the child, STOP. YOU MUST FILE THE PAPERS FOR LEGAL SEPARATION WITH
CHILDREN.
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11.
OTHER STATEMENTS TO THE COURT UNDER OATH: To file for Legal
Separation, of non-covenant marriage, you must be able to tell the court that the following
statements are true. If the statements are not true, you cannot file for Legal Separation until
the statements are true. Check the box in front of each statement if the statement is true.
☐ TRUE My spouse and I have a written agreement signed by both of us about the
maintenance of a spouse, and division of property/debt, and I have attached a copy of the
written agreement.
☐ TRUE My spouse and I have attempted to resolve our problem using Conciliation
Services, our going to Conciliation Services to try to resolve our problems would not work.
REQUESTS TO THE COURT:
A.
LEGAL SEPARATION:
☐ An Order of Legal Separation
B.
SPOUSAL MAINTENANCE/SUPPORT (ALIMONY):
☐ Order spousal maintenance/support to be paid by ☐ Petitioner, or ☐ Respondent
through the Clerk of the Court/Clearinghouse in the amount of $ per month,
plus the statutory fee, beginning with the first day of the month after the judge or
commissioner signs the Order of Legal Separation and continuing until the person receiving
spousal maintenance/support is remarried or deceased, or for a period of months.
C.
COMMUNITY PROPERTY:
☐ Make a fair division of all community property as requested in this Petition.
D.
COMMUNITY DEBTS:
☐ Order each party to pay community debts as requested in the Petition, and to personally
pay any other community debts unknown to the other party. Order each party to pay, and
hold the other party harmless from, debts incurred by them since the parties’ separation on
(date) or from the date the Respondent was served with the Petition
for Legal Separation.
E.
SEPARATE PROPERTY:
☐ Award each party their separate property.
F.
OTHER ORDERS I AM REQUESTING (Explain request here):
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
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OATH AND VERIFICATION OF PETITIONER:
I, the Petitioner, being duly sworn and under oath, state that I have read this Petition. All the
statements in the Petition are true, correct, and complete to the best of my knowledge and belief.
Date
Signature
State of Arizona )
)
County of )
(Arizona County)
Subscribed and sworn (or affirmed) before me this
day of
,
20
by
(Day) (Month) (Year)
(Name of Signer)
(seal)
(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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Arizona Rules of Family Law Procedure, Rule 6.3(h)
Print Name
Your Address
Date
Name of Newspaper
Address
To Whom It May Concern:
I need to publish notice in the newspaper about the following matter:
Court Case Number S1100DO2
Enclosed is a copy of the following documents stamped by the Clerk of Court (list all the
documents here :)
1.
2.
3.
4.
Please publish a Notice in your newspaper about this court case once a week for four successive weeks.
Also enclosed is (Check One Box):
A check or money order in the amount of $ for the cost of the publication as
requested.
A certified copy of the Order from the court waiving the publication costs.
When you receive this letter, please call me at to tell me when the first publication will occur. When
all four weeks of publication have been completed, please send to me the original and one copy of an
Affidavit of Publication.
Thank you for your help in this matter.
Yours truly,
Sign Your Name
Enclosures:
Court documents AND
Check or Money Order OR
Certified copy of Court Order of Waiver/Deferral of Publication Fees
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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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find the other party. (Explain in detail here everything you did to try to find the other party.)
4. To the best of my knowledge, information and belief, the other party is not in the military
service of the United States.
5. I have read this statement and know of my own knowledge that the facts stated herein are true
and correct.
Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public
(Notary’s Signature)
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SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
ORDER FOR ALTERNATE MEANS OF
SERVICE (PUBLICATION)
Name of Respondent
HONORABLE:
The Court having reviewed the
“Declaration of Due Diligence and Request for Alternate Means
of Service,”
and good cause appearing,
IT IS HEREBY ORDERED granting
“Declaration of Due Diligence and Request for
Alternate Means of Service.”
DONE IN OPEN COURT this day of , 20____
JUDGE/COMMISSIONER OF THE SUPERIOR COURT
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Name of Person Filing:
Street Address:
City, State, Zip Code:
Telephone Number:
Email Address:
ATLAS Number (if applicable)
Representing Self (No Attorney)
or Represented by Attorney
If Attorney, Bar Number:
SUPERIOR COURT OF ARIZONA
PINAL COUNTY
CASE NUMBER:
S1100DO2
Name of Petitioner
AFFIDAVIT SUPPORTING
PUBLICATION
A.R.C.P. 4.1, 4.2 - A.R.F.L.P. 41, 42
Name of Respondent
HONORABLE:
1. I make this Affidavit to tell the Court why service by publication was used and to show how
service by publication was done.
2. Pursuant to Arizona Rules of Civil Procedure, Rules 4.1(e) and 4.2(e), service by publication is the
best way to notify the other party of this court case because the other party is:
Avoiding service of process. I have mailed, postage prepaid, a copy of the following legal
documents:
to the last known address of the other party on or before the first date of publication, OR
The other party’s residence is unknown. I have not mailed copies of the proceedings to the
other party.
3. The residence and whereabouts of the other party is unknown to me, even though I have made a
diligent search to find out. My search failed to reveal any information that might lead to knowledge
about the other party’s residence or whereabouts. This is what I did to try to find the other party.
(Explain in detail here everything you did to try to find the other party.)
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4. To the best of my knowledge, information and belief, the other party is not in the military service
of the United States.
5. The following documents were published in a newspaper in the county where my case is
pending. (List title/name of each document. Example: Petition, Summons)
The documents above were published on the following dates:
A.
B.
C.
D
.
AND/OR
The following documents were published in a newspaper in the Arizona County of the
other party’s last known address, or in an adjoining county if no newspaper is
published in that county, and neither is the county in which my case is pending.
The documents above were published on the following dates:
A.
B.
C.
D
.
6. An Affidavit of Publication for each newspaper has been filed into court record.
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7. I have read this statement and know of my own knowledge that the facts stated herein are true
and correct.
Date
Signature
State of Arizona )
)
County of )
Subscribed and sworn (or affirmed) before me this
day of
,
20
(Day)
(Month)
(Year)
by
(Name of Signer)
(Affix notary seal here)
Notary Public
(Notary’s Signature)
INSTRUCTIONS: ATTACH the original of the Affidavit of Publication from the
Newspaper(s) to this page.
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