Arizona Dissolution

RESPONSE to PETITION for DISSOLUTION of a NON-COVENANT MARRIAGE (DIVORCE) with MINOR CHILD(REN)

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone Numbers:

Email Address:

ATLAS Number:

Representing Self or Lawyer for

Lawyer Bar Number:

STATEMENTS MADE TO THE COURT UNDER OATH OR AFFIRMATION.

1. INFORMATION ABOUT MY SPOUSE, THE PETITIONER.

Name:

Address (if not protected):

City, State, Zip Code:

County of Residence: Date of Birth:

Job Title:

Petitioner has lived in Arizona for years and/or months

2. INFORMATION ABOUT ME, THE RESPONDENT.

Name:

Address (if not protected):

City, State, Zip Code:

County of Residence: Date of Birth:

Job Title:

I have lived in Arizona for years and/or months

3. INFORMATION ABOUT OUR MARRIAGE.

Date of Marriage:

City and state, or country where we were married:

(Check all boxes that are true.)

We have a covenant marriage. I have attached a copy of my marriage license to show that we have a covenant marriage.

Our marriage is irretrievably broken and there is no reasonable prospect of reconciliation (our marriage is over.) The conciliation requirements under Arizona law, A.R.S. 25-381.09 either do not apply or have been met.

OR

Our marriage is not irretrievably broken and there are reasonable prospects of reconciliation. Explain to the court why you disagree with the Petitioner’s statement:

Summary of what I say about OUR MARRIAGE that is different from what Petitioner said in the Petition:

4. 90 DAY REQUIREMENT. (Check all boxes that are true.)

Petitioner has not lived in Arizona and has not been stationed in Arizona as a member of the Armed Forces, for at least 90 days before Petitioner filed this action.

Respondent has not lived in Arizona and has not been stationed in Arizona as a member of the Armed Forces, for at least 90 days before Petitioner filed this action.

5. DOMESTIC VIOLENCE. (If you intend to ask for joint legal decision-making (joint custody), check one box.)

Domestic Violence has not occurred in this relationship.

There has been domestic violence in this relationship and no legal decision-making (custody) should be awarded to the party who committed the violence.

Domestic Violence has occurred but it was committed by both parties or it is otherwise still in the best interests of the minor child(ren) to grant joint or sole legal decision-making to a party who has committed domestic violence because:

Summary of what I say about DOMESTIC VIOLENCE that is different from what Petitioner said in the Petition:

6. DRUG / ALCOHOL CONVICTION WITHIN LAST TWELVE MONTHS: (If you intend to ask for joint legal decision-making (joint custody), check one box.)

Neither party has been convicted for a drug offense or driving under the influence of drugs or alcohol in the last twelve (12) months.

One or both parties have been convicted for a drug offense or driving under the influence of drugs or alcohol in the last twelve (12) months.

Petitioner was convicted. Respondent was convicted.

Explain how this arrangement appropriately protects the minor child(ren).

Summary of what I say about DRUG OR ALCOHOL CONVICTIONS that is different from what Petitioner said in the Petition:

7. CHILDREN COMMON TO THE PARTIES WHO ARE LESS THAN 18 YEARS OLD. (Check box below, if true.)

This court does not have jurisdiction to determine legal decision-making (custody) concerning the minor child(ren) common to the parties under Arizona law because the minor child(ren) has not lived with Petitioner or Respondent in Arizona for at least the 6 months prior to the Petition being filed.

(Check one box.)

There are no children under the age of 18 either born to or adopted by the Petitioner and Respondent.

The following child(ren) is under age 18 and was born to or adopted by the Petitioner and Respondent and where indicated, was born before the marriage.

A. Child’s Name:

Birth Date: Born before marriage

Address:

City, State, Zip Code:

Length of Time at Address:

B. Child’s Name:

Birth Date: Born before marriage

Address:

City, State, Zip Code:

Length of Time at Address:

C. Child’s Name:

Birth Date: Born before marriage

Address:

City, State, Zip Code:

Length of Time at Address:

D. Child’s Name:

Birth Date: Born before marriage

Address:

City, State, Zip Code:

Length of Time at Address:

Continues on attached page.

8. PREGNANCY.

Petitioner is is not pregnant.

Respondent is is not pregnant.

If either party is pregnant, complete the following:

The baby is due on and (Check one box.)

Petitioner and Respondent are the parents of the child.

Petitioner is not a parent of the child.

Respondent is not a parent of the child.

Summary of what I say about our MINOR CHILD(REN) that is different from what Petitioner said in the Petition or Affidavit of Minor Child(ren):

9. INFORMATION ABOUT PROPERTY AND DEBTS.

A. COMMUNITY PROPERTY. (Check one box.)

Petitioner and Respondent did not acquire any community property during the marriage.

OR

Petitioner and Respondent acquired community property during the marriage, and we should divide it as follows:

Description of Community Property

Real estate located at: Petitioner's share Respondent's share Value $

Legal Description (Quote Deed):

Real estate located at: Petitioner's share Respondent's share Value $

Legal Description (Quote Deed):

Household furniture and appliances:

Household furnishings:

Other items:

Pension/Retirement Fund/Profit Sharing/Stock Plan/401K:

Motor vehicles:

Make Model Year VIN Lien Holder

Make Model Year VIN Lien Holder

B. SEPARATE PROPERTY. (Check all boxes that apply.)

Petitioner does not have any separate property and did not bring any property into the marriage.

Respondent does not have any separate property and did not bring any property into the marriage.

Petitioner has separate property or property that was brought into the marriage. Award this property to Petitioner as described below.

Respondent has separate property or property that was brought into the marriage. Award this property awarded to Respondent as described below.

C. COMMUNITY DEBTS. (Check one box.)

Petitioner and Respondent did not incur any community debts during the marriage.

OR

Petitioner and Respondent should divide the responsibility for the community debts incurred during the marriage as follows:

D. SEPARATE DEBTS. (Check all boxes that apply.)

Petitioner and Respondent do not have any separate debts or debts that were incurred prior to the marriage.

Petitioner has separate debt or debts that were incurred prior to the marriage that should be paid by Petitioner as described below.

Respondent has separate debt or debts that were incurred prior to the marriage that should be paid by Respondent as described below.

10. TAX RETURNS. (Check this box if this is what you want).

For this calendar year and all future calendar years, each party will file Joint Tax Returns Separate Tax Returns.

After the Judge or Commissioner signs the Decree of Dissolution, the parties will pay federal and state taxes as follows:

11. SPOUSAL MAINTENANCE. (Check one box.)

Neither party is entitled to spousal maintenance.

OR

Petitioner Respondent is entitled to spousal maintenance because:

Person lacks sufficient property to provide for his/her 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.

Person contributed to the educational opportunities of the other spouse or had a marriage of long duration and is now of an age that precludes the possibility of gaining employment adequate to support himself/herself.

12. WRITTEN AGREEMENT. (Check only the box that is true.)

Petitioner and Respondent have do not have a written agreement signed by both parties about the maintenance of a spouse, division of property/debt, where the child(ren) will live, legal decision-making (custody), parenting time, and child support.

I have attached a copy of the written agreement.

OTHER STATEMENTS TO THE COURT.

13. THE PARENT EDUCATION PROGRAM is required for parties seeking legal decision-making (custody) or parenting time. (Check one box.)

I, the Respondent, have have not already completed the Parenting Education Program.

14. CHILD SUPPORT.

There is an Order for Child Support, dated from (name of court)

To my knowledge there is no child support order for the minor child(ren) and the court should should should not order child support in this case along with legal decision-making (custody), and parenting time.

Petitioner Respondent made temporary or voluntary/direct support payments that need to be taken into account, if past support is requested.

Petitioner Respondent owes past support for the period between:

the date the petition was filed and the date current child support is ordered.

OR

the date the parties started living apart, but not more than three years before the date the petition was filed, and the date current child support is ordered.

13. OTHER EXPENSES. The parties should be ordered to divide between them any uninsured medical, dental, or health expenses, reasonably incurred for the minor child(ren), in proportion to their respective incomes.

16. GENERAL DENIAL. I deny anything stated in the Petition that I have not specifically admitted, qualified or denied.

REQUESTS TO THE COURT.

A. DISSOLUTION (DIVORCE).

Dissolve our marriage and return each party to the status of a single person.

Deny the petition and refuse to dissolve our marriage because:

We have a covenant marriage.

Neither of us meets the 90 day residency requirement.

Our marriage is not irretrievably broken.

Dissolve our marriage and return each parent to status of a single person, but refuse to decide legal decision-making matters due to lack of jurisdiction because the minor child(ren) has not lived in Arizona for at least the 6 months prior to the Petition being filed.

B. RESTORE NAME.

I, the Respondent, took the name of my spouse at the time of marriage and I want to restore my last name to the name I used before this marriage or to my maiden name.

My complete married name is:

I want my name restored to:

C. PATERNITY and MINOR CHILD(REN)’S NAMES.

Declare Petitioner Respondent to be a parent of the following named minor child(ren) born before the marriage and (optional) change the legal name of those minor child(ren) to the name listed on the right, below:

Current Legal Name(s):

Change the name of the minor child to:

D. LEGAL DECISION-MAKING (CUSTODY), PRIMARY RESIDENCE, AND PARENTING TIME.

1. LEGAL DECISION-MAKING (Custody). Award legal decision-making concerning the minor child(ren) as follows:

JOINT LEGAL DECISION-MAKING: The parties agree to act as joint legal decision-makers concerning the minor child(ren) and will submit a Parenting Plan and Joint Legal Decision-Making Agreement signed by both parties.

OR

SOLE LEGAL DECISION-MAKING of the minor child(ren) to Petitioner Respondent, subject to the Parenting Time requested below.

2. PRIMARY RESIDENCE. Declare the Primary Residence of each minor child as follows:

Declare Petitioner’s home as the primary residence for the following named child(ren):

Declare Respondent’s home as the primary residence for the following named child(ren):

3. PARENTING TIME. Award parenting time with the minor child(ren) as follows:

Reasonable parenting time to the party not having legal decision-making, as will be described in the Parenting Plan attached to the Decree.

OR

Supervised parenting time between the minor child(ren) and Petitioner Respondent is in the best interest of the child(ren) because:

a. Name this person to supervise:

b. Additionally restrict parenting time as follows:

c. Order cost of supervised parenting time (if applicable) to be paid by:

the party being supervised.

the party having legal decision-making.

shared equally by the parties.

OR

No parenting time rights to the party not having legal decision-making is in the best interest of the minor child(ren) because:

E. CHILD SUPPORT.

1. Order that child support be paid by Petitioner Respondent in an amount as determined by the court under the Arizona Child Support Guidelines.

Support payments will begin on the first day of the first month after the Judge or Commissioner signs the Decree with all payments, plus the statutory handling fee, to be paid through the Support Payment Clearinghouse.

2. Order that past child support be paid by Petitioner Respondent in an amount determined by using a retroactive application of the Arizona Child Support Guidelines taking into account any amount of temporary or voluntary/direct support that has been paid.

F. MEDICAL, DENTAL, VISION CARE INSURANCE AND HEALTH EXPENSES FOR MINOR CHILD(REN). Order that:

Petitioner should be responsible for providing medical dental vision care insurance.

Respondent should be responsible for providing medical dental vision care insurance.

The parties will share all reasonable unreimbursed medical, dental, and vision care, and health-related expenses incurred for the minor child(ren) in proportion to their respective incomes.

G. TAX EXEMPTION.

Allocate tax exemptions for the minor child(ren) as determined by the court under the Arizona Child Support Guidelines and in a manner that allows each party to claim allowable federal dependency exemptions proportionate to adjusted gross income in a reasonable pattern that can be repeated.

Under the Affordable Care Act, the party who claims the child as a dependent on a federal tax return has the obligation to ensure that the child is covered by medical insurance and may be penalized by the IRS for failing to do so.

H. SPOUSAL MAINTENANCE.

Do not order spousal maintenance.

OR

Order spousal maintenance to be paid by Petitioner Respondent in the amount of $ per month beginning with the first day of the month after the Judicial Officer signs the Decree and continuing until the party receiving spousal maintenance is remarried or deceased, or for a period of months.

I. COMMUNITY PROPERTY.

Make a fair division of all community property as requested in this Response.

J. COMMUNITY DEBTS.

Order each party to pay community debts as requested in this Response, and to 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 Petitioner or Respondent:

since our separation on (date).

OR

since the date the Respondent was served with the Petition for Dissolution.

K. SEPARATE PROPERTY.

Award Petitioner’s separate property to Petitioner.

Award Respondent’s separate property to Respondent.

L. SEPARATE DEBT.

Order each party to pay separate debt and hold the other party harmless from debts incurred before the marriage.

M. OTHER ORDERS I AM REQUESTING. (Explain request.)

UNDER OATH OR AFFIRMATION

I swear or affirm under penalty of perjury that the contents of this document are true and correct to the best of my knowledge and belief.

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by .

A copy of this document will be mailed to the Petitioner on:

To the following address: