Arizona PDF Forms

Arizona PDF Forms
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The Arizona Divorce Petition form is an essential document for individuals seeking to initiate a divorce proceeding in the state. This form, specifically designed for cases involving children, outlines the necessary steps and information required to file for divorce. It includes sections for identifying the parties involved, namely the Petitioner, who is filing for divorce, and the Respondent, who is the other spouse. Important prerequisites for filing are also specified, such as residency requirements, which state that either spouse must have lived in Arizona for at least 90 days. The form addresses sensitive issues, including domestic violence, and provides guidance on how to seek immediate protection if needed. Additionally, it emphasizes the importance of including sensitive information properly, directing users to a separate form for confidential data. The packet contains general instructions, frequently asked questions, and resources for individuals who may need legal assistance or further clarification on the divorce process. Understanding these aspects is crucial for anyone looking to navigate the complexities of divorce in Arizona.

Guide to Writing Arizona Divorce Petition

After gathering the necessary information, you can begin filling out the Arizona Divorce Petition form. This form is essential for initiating the divorce process in Arizona. Ensure that all information is accurate and complete before submitting it to the court.

  1. Obtain the Form: Download the Arizona Divorce Petition form from the official court website or visit the local courthouse to pick up a physical copy.
  2. Fill in Your Information: Start by entering your full name and address at the top of the form. You will also need to include your spouse's full name and address.
  3. Identify Yourself as the Petitioner: Clearly indicate that you are the Petitioner. This means you are the one filing for divorce.
  4. Provide Marriage Details: Fill in the date and location of your marriage. If you have children, you will need to provide their names and birth dates.
  5. State Grounds for Divorce: In Arizona, you can simply state that the marriage is irretrievably broken. You do not need to provide further details.
  6. Address Child Custody and Support: If applicable, outline your proposed arrangements for child custody and support. Be clear and specific about what you are requesting.
  7. Sign and Date the Form: After completing the form, sign and date it. Your signature confirms that the information provided is accurate to the best of your knowledge.
  8. Prepare for Filing: Make copies of the completed form. You will need to file the original with the court and keep copies for your records.
  9. File the Petition: Submit the completed petition at the appropriate court location. Be prepared to pay any filing fees associated with the divorce process.
  10. Keep Track of Your Case: After filing, monitor your case status and be ready for any required court appearances.

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Download Arizona Divorce Petition File

Common Questions

What is a Petition for Divorce?

A petition for divorce is a formal written request submitted to the court to initiate the divorce process. It outlines the grounds for the divorce and any other relevant information regarding the marriage, such as child custody arrangements or division of property. By filing this document, you are formally asking the court to dissolve your marriage.

Who is the Petitioner and who is the Respondent?

In divorce proceedings, the person who files the petition is referred to as the Petitioner. This individual is seeking the divorce. The other spouse, who receives the petition and must respond to it, is called the Respondent. Understanding these roles is crucial as they determine the flow of the legal process.

What are the residency requirements for filing for divorce in Arizona?

To file for divorce in Arizona, either you or your spouse must have lived in the state for at least 90 days prior to filing. If you are in the military, you must have been stationed in Arizona for the same duration. If you do not meet this requirement, it is necessary to wait until you have established residency before initiating the divorce process. Additionally, if children are involved, they must have lived in Arizona for at least six months for the court to address matters like custody and support.

Is Arizona a no-fault divorce state?

Yes, Arizona is a no-fault divorce state. This means that you do not need to prove wrongdoing by either spouse to obtain a divorce. You simply need to state that the marriage is irretrievably broken, indicating that there is no reasonable possibility of reconciliation.

Should I consult a lawyer before filing for divorce?

While it is possible to represent yourself in a divorce case, consulting a lawyer is highly advisable. Legal matters can be complex, and an attorney can provide guidance tailored to your specific situation. Their expertise may help you avoid costly mistakes, save time, and ensure that your rights are protected throughout the process. Many lawyers offer consultations for a fee, allowing you to receive the necessary advice while completing the paperwork on your own.

What is "Sensitive Data" and why is it important?

Sensitive data refers to personal information that you may not want to be publicly accessible, such as social security numbers, bank account details, or financial information. Because court documents are generally public records, it is crucial to protect this information. If you need to include sensitive data in your petition, you should indicate “SEE CONFIDENTIAL SENSITIVE DATA FORM” in the appropriate section and complete the separate Confidential Sensitive Data Form provided in the packet.

Where can I find the Self-Service Center for assistance?

The Self-Service Center is located in the Pima County Law Library, specifically in Room 256 on the second floor of the Pima County Superior Court. It is open from 8 a.m. to 5 p.m., Monday through Friday, excluding holidays. This center can provide valuable resources and assistance as you navigate the divorce process. For more information, you can call (520) 724-8456 or email pcll@sc.pima.gov.

Dos and Don'ts

When filling out the Arizona Divorce Petition form, there are important steps to follow. Here’s a list of things you should and shouldn't do:

  • Do ensure you have lived in Arizona for at least 90 days before filing.
  • Do confirm that your children have lived in Arizona for at least 6 months if custody issues are involved.
  • Do fill out the form completely and accurately to avoid delays.
  • Do seek legal advice if you feel unsure about any part of the process.
  • Do use a P.O. Box or another mailing address if you are in a protected location.
  • Don't include sensitive information, like your Social Security number, directly on the petition.
  • Don't file for divorce if you or your spouse have not met the residency requirements.

Similar forms

The Arizona Child Support Worksheet is similar to the Divorce Petition form because it is also a legal document used in family law cases. This worksheet helps determine the amount of child support that a parent should pay or receive. Just like the Divorce Petition, it requires specific information about the parents’ income, expenses, and the needs of the children. Both documents aim to ensure that the best interests of the children are met during and after the divorce process.

The Parenting Plan is another document that shares similarities with the Divorce Petition. This plan outlines how parents will share responsibilities and time with their children after a divorce. Like the Divorce Petition, it is crucial for establishing clear expectations and arrangements. Both documents require thoughtful consideration of the children’s needs and how parents will work together to meet them, even if they are no longer married.

The Order of Protection form is also akin to the Divorce Petition. It is used when one spouse feels threatened by the other, especially in cases involving domestic violence. Both documents are filed with the court and require specific details about the situation. They aim to protect the safety and well-being of individuals, particularly when children are involved, highlighting the importance of safety in family law matters.

The Financial Affidavit is another important document that resembles the Divorce Petition. This affidavit provides a detailed account of a person’s financial situation, including income, expenses, and assets. Like the Divorce Petition, it is essential for the court to make informed decisions regarding property division and support obligations. Both forms require accurate and complete information to facilitate a fair outcome in divorce proceedings.

The Response to Petition for Divorce is a document that directly relates to the Divorce Petition. When one spouse files a Divorce Petition, the other spouse must respond formally. This response addresses the claims made in the petition and outlines the respondent's position. Both documents are critical in the divorce process, as they ensure that both parties have a voice and can present their perspectives to the court.

The Motion for Temporary Orders is similar to the Divorce Petition in that it requests immediate relief from the court during the divorce process. This motion can address issues like child custody, support, and visitation rights before the final divorce decree is issued. Both documents seek to establish temporary arrangements that protect the interests of the involved parties, especially children, while the divorce is pending.

Finally, the Settlement Agreement is akin to the Divorce Petition because it outlines the terms agreed upon by both parties to finalize their divorce. This document addresses issues such as asset division, child support, and custody arrangements. Like the Divorce Petition, the Settlement Agreement must be submitted to the court for approval, ensuring that both parties have a clear understanding of their rights and responsibilities after the divorce.

Key takeaways

  • Understand the Role of the Petition: The Arizona Divorce Petition is your formal request to the court for a divorce. It initiates the legal process.
  • Know the Terminology: In your documents, you will be referred to as the "Petitioner," while your spouse will be the "Respondent."
  • Residency Requirements: You or your spouse must have lived in Arizona for at least 90 days before filing. If you haven’t met this requirement, wait until you do.
  • Children's Residency: If children are involved, they must have lived in Arizona for at least 6 months to establish it as their home state.
  • Domestic Violence Considerations: If you are a victim of domestic violence, you can seek an immediate Order of Protection. This is crucial for your safety and that of your children.
  • Sensitive Data Protection: Be cautious with sensitive information like social security numbers. Use the Confidential Sensitive Data Form to protect this information.
  • Seek Legal Advice: Even if you plan to represent yourself, consulting a lawyer can help you navigate the complexities of divorce law and avoid costly mistakes.

Common mistakes

  1. Neglecting to Verify Residency Requirements: Many individuals mistakenly assume they can file for divorce immediately upon moving to Arizona. However, you must have lived in the state for at least 90 days before filing. Failing to meet this requirement can lead to delays or dismissals of your petition.

  2. Incorrectly Identifying the Petitioner and Respondent: It's essential to correctly identify yourself as the Petitioner and your spouse as the Respondent. Mislabeling these roles can cause confusion and may complicate the legal process.

  3. Overlooking Sensitive Data: Some people forget to protect their sensitive information, such as social security numbers or financial details. Instead of including this data in your petition, it should be noted in a separate Confidential Sensitive Data Form to maintain privacy.

  4. Failing to Address Child Custody and Support: If children are involved, it's crucial to outline parenting time and child support arrangements. Neglecting to address these issues in the petition can lead to complications and disputes later on.

  5. Ignoring Domestic Violence Concerns: If domestic violence is a factor in your situation, it’s important to mention it. Failing to disclose this information may prevent you from obtaining necessary protections, such as an Order of Protection.

  6. Not Seeking Legal Advice: Many individuals attempt to navigate the divorce process without consulting a lawyer. This can result in costly mistakes. Seeking legal advice can help clarify your rights and obligations, making the process smoother.

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DIVORCE

WITH CHILDREN

PETITION

Packet #2

These forms must not be used to engage in the unauthorized practice of law. The court is not responsible for (1) actions taken by the users of these forms or

(2) the users’ reliance upon the instructions or information provided.

DWC Petition Updated March 2017

Are you the victim of domestic violence?

Important! Read this first…

Unfortunately, domestic violence may occur in any marriage and may be

directed against you personally or against your children.

You are a domestic violence victim if you or your children have experienced any of the

following:

!Physical acts like hitting, slapping, pushing or kicking

!Threats of physical violence by phone or in person

!Abusive words and/or behavior used to control you or put you in any kind of danger

!Being followed around throughout the day or having your interaction with others monitored

!Being forbidden to leave your house or being taken against your will and kept at any other location

!Having your spouse enter the house against your will, behave in a disorderly manner and/or damage property

!Conduct that involves disobeying court orders, including interfering with your parenting time

!You DO NOT need to have been seen at a hospital or at a doctor’s office.

!Your spouse DOES NOT need to have been convicted of domestic violence or assault.

You can get an IMMEDIATE Order of Protection to keep your spouse away from you and your children by obtaining a Petition for Order of Protection from the Clerk of the Court on the first floor of the Pima County Superior Court, Room 131A. You may submit the Petition to any of the following court locations between the hours of 8 a.m. and 4:30 p.m.

Tucson City Court

Pima County Juvenile Court Center

103 E. Alameda St.

2225 E. Ajo Way

520-791-4971

520-724-2045

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Pima County Consolidated Justice Court

Pima Superior Court Clerk’s Office

240 N. Stone Avenue

110 W. Congress, 1st floor

520-724-3171

520-724-3210

To get an Order of Protection after hours or on weekends or holidays, call:

Tucson Police Department

Pima County Sheriff’s Department

520-741-4444

520-351-4900

In case of emergency, call 911.

If you are in a protected location or shelter

DO NOT put your address or phone number on the court documents!

If possible, get a P.O. Box or use another valid mailing address on the papers, and tell the Clerk of the Court about your existing Order of Protection and case number.

You can ask for a Protected Address with the Request for a Protected Address form. Both the Request for a Protected Address and Order for a Protected Address are included at the end of this packet.

You can find more information about Orders of Protection at the Clerk of Court located on the first floor of Pima County Superior Court (110 West Congress Street, Tucson Arizona 85701). They are open from 8:00 am to 5:00 pm Monday through Friday (except holidays). For more information, call (520) 724-3210.

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General Information &

Frequently Asked Questions

This packet contains general information, instructions and court forms for you to complete and file with the court.

What is a Petition for?

A petition is a written, legal request for a divorce.

What do “Petitioner” and “Respondent” mean?

Because you are the one asking and filing for divorce, you are called the PETITIONER. Your spouse is the RESPONDENT on all your divorce documents.

Are there any requirements for filing for divorce in Arizona?

In order to file for a divorce in Arizona, you or your spouse must have lived in Arizona for at least 90 days before you file. If you are in the military, then you have to have been stationed in Arizona for at least 90 days.

If you have not lived in Arizona for at least 90 days DO NOT FILE. You have to wait until you have lived here at least 90 days.

If the judge needs to decide on matters about children, like parenting time or child support, then Arizona must be your children’s home state (primary place of residence). This means your children must have lived in Arizona for at least 6 months before you file.

If you are not sure if Arizona is the home state (primary place of residence) for your children, talk to a lawyer before filing for divorce.

Arizona is a no-fault divorce state. You only need to show that the marriage is irretrievably broken (meaning there is no reasonable possibility of getting back together).

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This symbol is a warning. It can mean a few different things:

•The topic can be confusing and you may need to ask a lawyer for help

•You may need to make sure something is done

Whenever you see this symbol, make sure you read the information carefully and understand it fully.

Should I see a lawyer for help?

Court cases can be very complicated, and even if you are representing yourself you should see a lawyer for legal advice as to how the law applies to you, and what is best in your particular situation. This might save you time, money and trips to court, and help you to avoid serious mistakes.

There are lawyers who will help you. They will only charge you for giving you the help you need, and you can complete the court papers on your own or ask the lawyer for help with your papers. For more information, call the Self-Service Center at (520) 724-8456 and ask how to find an attorney.

Where is the Self-Service Center?

The Self-Service Center is located in the Pima County Law Library, Room 256, on the second floor of the Pima County Superior Court (110 West Congress Street, Tucson, Arizona 85701). It is open from 8 a.m. to 5 p.m. Monday through Friday (except holidays). For more information, call (520) 724-8456 or email pcll@sc.pima.gov.

What is “Sensitive Data” and why do I need to fill out a separate form?

Sensitive data, or sensitive information, is information that you might not want other people to see. Sensitive data includes your social security number, bank account number, credit card number, and other financial account numbers.

Court documents, for the most part, can be seen by anyone. If you need to include any of the types of information listed above in your Petition, you should write “SEE CONFIDENTIAL SENSITIVE DATA FORM” where you would normally put that information. Then you need to fill out the Confidential Sensitive Data Form, which is included at the end of this packet. This is where you will write the actual sensitive information.

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This is important because the “Confidential Sensitive Data Form” will not be seen by the public.

If you ever need to give the court new information, then you should file an updated sensitive data form. Include all other sensitive data forms that you have already given the court, plus any new sensitive information that you need to tell the court.

Anyone who includes “sensitive data” in documents filed with the court, other than on a Confidential Sensitive Data Form, does so at their own risk.

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How Do I get a Divorce?

There are a few steps you have to take in order to get a divorce.

Step 1. File your divorce papers

To file a Petition for Divorce, use the forms and instructions in this packet. This first set of paperwork is the beginning of the divorce process.

Step 2. Serve the divorce paperwork

A copy of your petition must be officially served on your spouse. This tells your spouse that you are asking for a divorce and gives your spouse an opportunity to file a Response to your petition. This step is very important! There are specific directions for how to officially serve the Petition on your spouse. Forms and instructions are in Packet #10 Service of Papers.

Step 3. Request a default decision OR go forward with a divorce trial

If your spouse does not file a Response to your Petition through the court within the time limits of the Summons (see Packet #10 Service on the Other Party), the divorce can proceed as a Default. A Default means that the court will order everything legally reasonable you asked for in your Petition. Before your divorce can proceed as a Default, you must file an application for Default. Forms and instructions are in Packet #11 Obtaining a Default Decree.

If your spouse filed a Response and you cannot reach an agreement, you will need to have a divorce trial. Forms and instruction are in Packet #14 Trial Preparation. If this is the case, you should seek the advice of a lawyer.

Step 4. Get a final decision

To make your divorce final, you have to fill out a Decree to be signed by the judicial officer. The Decree is the final order from the court granting you the divorce and deciding the other issues related to the divorce. Forms and instructions are in Packet #4 Divorce with Children Decree.

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What about my children?

Because your divorce involves minor children, you and your spouse are required to attend the Domestic Relations Education on Children’s Issues Course (Parent Education Class). You must complete this class within the first 45 days after your Divorce Petition was served on you. You are not responsible for your spouse’s attendance, but no request regarding Legal Decision-Making or Parenting Time will be granted to a non-attending spouse, and the course must be completed before attending Conciliation Court

Mediation. There is a fee for this class. You can register for the course at www.sc.pima.gov/fccc/parented or by calling 520-243-4949.

What if my spouse and I

disagree about the children?

If you and your spouse cannot agree on a plan for how each of you will spend time with the children or make legal decisions for them, you will eventually be required to attend Conciliation Court Mediation

for help in writing a Parenting Plan for your minor children (See Packet #9 Legal Decision- Making and Parenting Time). You will both meet with a neutral third party to get help in solving your problems. Mediation does not deal with child support (see Packet #8 Child Support), spousal maintenance (alimony), or division of property or debts. You can ask for mediation at any time with Packet #15 Mediation.

Mediation is offered as a free service only through the Conciliation Court.

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!

How much will all this cost?

FEES IN GENERAL

As of May 2014, the cost to file:

•Packet #2 Divorce with Children Petition: $263

•Packet #3 Divorce with Children Response: $194

•Packet #5 Divorce without Children Petition $263

•Packet #6 Divorce without Children Response $194

•Packet #18 Paternity $258

•Packet #19 Paternity Response $189

•Petitions for "post-decree" matters, such as Child Support Modification: $84

OTHER EXPENSES INCLUDE:

•The mandatory Parent Education Class fee: $45 (details on page 7)

•Legal record copies through the Clerk of the Court, per page: $0.50

•General use copies made in the library, per page: $0.15

NOTE: You have to pay fees to file documents for your divorce. If you can’t afford the court fees or other costs for a divorce, you may be able to get a deferral or waiver.

HOW TO GET A DEFERRAL OR WAIVER

You can apply for a full waiver or deferral of the fees if you cannot pay.

•A deferral means that you do not have to pay any fees at the beginning of your case, but you will be expected to pay on a predetermined schedule.

•A waiver means that you do not have to pay the fees at all.

•Not everybody who requests a deferral or waiver receives one.

•You file for a deferral or waiver at the same time you file your petition or response.

For more information see Packet #12 Deferral/Waiver of Fees & Costs

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Volunteer Lawyers Program

Domestic Relations Clinic

Pima County Superior Court has a program through which free assistance is given to people representing themselves in a family law matter.

At the clinic, someone will review your Decrees, Child Support Orders, and Income Withholding Orders to help ensure these documents are complete and legally correct.

Making use of the Clinic is in your best interest. The judicial officer will not sign any documents that are incorrect or incomplete. In such cases, you will have to leave, correct your documents, and then schedule another hearing.

To schedule an appointment call the Pima County Law Library at 520-724-8456, or go in person to the library on the second floor of the Pima County Superior Court for information.

There are lawyers who will help you help yourself

This means that they will only charge for the help you need, and you can complete the court papers on your own.

Court cases can be quite complicated, and talking to a lawyer can help you avoid serious mistakes and save you time, money and trips to the court.

For more information, call the Self-Service Center at 520-724-8456 and ask how to find an attorney. You can also contact the Pima County Bar Lawyer Referral Service by calling 520- 623-4625. You can have one-half hour with a family lawyer for a small fee or you may be directed to an attorney who will represent you for a reduced fee.

We encourage you to also make use of the additional resources following this

page for more information on finding a lawyer.

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Form Breakdown

Fact Name Details
Document Title The form is titled "Divorce with Children Petition" and is part of Packet #2.
Governing Law This form is governed by Arizona Revised Statutes, specifically Title 25 (Marital and Domestic Relations).
Filing Requirements At least one spouse must have lived in Arizona for 90 days prior to filing for divorce.
Petitioner and Respondent The person filing for divorce is referred to as the "Petitioner," while the other spouse is the "Respondent."
No-Fault Divorce Arizona is a no-fault divorce state, meaning you only need to state that the marriage is irretrievably broken.
Domestic Violence Considerations If domestic violence is present, immediate protective measures can be sought through a Petition for Order of Protection.
Sensitive Data Handling Sensitive information should be noted separately using the Confidential Sensitive Data Form included in the packet.