Arizona Petition for Dissolution of Marriage

Decree of Dissolution of Marriage (Divorce) Without Minor Children

SUPERIOR COURT OF ARIZONA
IN COUNTY

Case Number:

(A)

DECREE OF DISSOLUTION OF MARRIAGE (Divorce) WITHOUT MINOR CHILDREN

(Respondent)

THE COURT FINDS: (B)

1. This case has come before this court for a final “Decree of Dissolution of Marriage (Divorce) Without Minor Children.” The court has taken all testimony needed to enter a final Decree, or has determined testimony is not needed to enter the final Decree.

2. This court has jurisdiction over the parties under the law, and the provisions of the Decree are fair and reasonable under the circumstances.

SERVICE BY PUBLICATION: If Respondent was served by publication and was not personally served, this court cannot make legal orders, with respect to issues of community property or debt, or spousal maintenance/support. The court reserves jurisdiction until personal service is made upon Respondent to consider the maintenance/support of either spouse, the disposition of community property or debts, and any other relief requested in the Petition or orders deemed necessary by the court.

3. THE COURT FINDS:

That the marriage of the parties is not a “covenant” marriage.

At the time this action was filed, one of the parties lived in Arizona for more than 90 days, or had lived in Arizona, while a member of the United States Armed Forces, for more than 90 days.

The provisions of A.R.S. § 25-381.09 relating to Conciliation Court either do not apply or have been met.

The marriage is irretrievably broken (the marriage is over).

The parties did not acquire any community property or debts during the marriage; OR,

There IS an agreement as to division of community property and debt; all community property and debt is divided pursuant to this Decree.

There is NO agreement as to division of property and/or debt, but all community property and/or debt is divided pursuant to this Decree.

Wife is not pregnant; OR,

Wife is pregnant, and the other party (husband) IS or IS NOT the father of the child.

The Petitioner, OR The Respondent lacks enough property, including property given to him/her as part of this divorce, to provide for his/her reasonable needs, and is unable to support himself/herself through an appropriate job, or he/she is providing the primary care to a child(ren) of young age or is of a condition that he/she should not be required to look for work outside of the home, or lacks earning ability necessary to support himself/herself, or contributed significantly to the educational opportunities of the other spouse, or had a marriage of long duration and is of an age which may severely limit the possibility of getting a job in order to support himself/herself.

THE COURT ORDERS: (C)

1. The marriage of the parties is dissolved and the parties are restored to the legal status of single persons.

2. NAMES: The name of the Wife or The Husband, whose complete married name is: is restored to:

3. ENFORCEMENT OF TEMPORARY ORDERS: All obligations ordered to be paid by the parties in Temporary Orders dated shall be satisfied in full or judgment is awarded against the party with the obligation, up to the amount due and owing as of the date of this Decree, together with the highest legal interest allowed by law.

4. SPOUSAL MAINTENANCE/SUPPORT (ALIMONY):

(a) Neither party shall pay spousal maintenance/support (alimony) to the other party; OR,

Petitioner, OR Respondent is ordered to pay Respondent OR Petitioner the sum of $ per month spousal maintenance/support BEGINNING THE FIRST DAY OF THE MONTH after this Decree is signed. Each payment shall be made by the first day of each month thereafter and shall continue until the receiving party is remarried, deceased or for a period of months.

5. PROPERTY AND DEBTS:

(a) Petitioner is ordered to pay all debts unknown to Respondent.

(b) Respondent is ordered to pay all debts unknown to Petitioner.

(c) Each party is ordered to pay his/her debts which he/she incurred since the date of the parties' separation on

(d) Other orders and relief relating to the division of community property and/or debts which are contained in Exhibit A, is attached and incorporated into and made a part of this Decree.

(e) Each party is assigned his/her separate property and debts as contained in Exhibit A, which is attached and incorporated into and made a part of this Decree.

(f) This Decree can be used as a transfer of title and can be recorded. Parties shall sign all documents necessary to complete all transfer of title ordered in this Decree, such as motor vehicles, houses, and bank accounts. The parties shall transfer all real and personal property as described in Exhibit A to the other party on or before by 5:00 p.m.

(g) For previous calendar years, the parties shall file, subject to IRS Rules and Regulations, joint federal and state income tax returns, and hold the other harmless from half of all additional income taxes and costs, if any, and each party shall share equally in tax refunds, if any, OR separate federal and state income tax returns.

AND This calendar year and continuing thereafter, each party shall file separate tax returns.

AND Each party shall give the other party all necessary documentation to file all tax returns.

FINAL APPEALABLE ORDER. Pursuant to Arizona Rules of Family Law Procedure, Rule 81, this final judgment/decree is settled, approved and signed by the court and shall be entered by the clerk.

DONE IN OPEN COURT this day of , . (D)

If this Decree was issued as a “Default,” and the Petitioner served the papers to begin this case by any means other than by publication, a copy of this Decree shall be mailed or delivered to the Respondent within 24 hours of the court hearing as follows:

Respondent’s Name:

Mailing Address:

City, State Zip Code:

By:

EXHIBIT A: PROPERTY AND DEBTS (E)

1. DIVISION OF COMMUNITY PROPERTY: (Be very specific in your description of the property)

Award each party the personal property in his/her possession, or:

The community property is awarded to each party as follows:

2. LIST OF COMMUNITY PROPERTY

Household furniture/furnishings. (Be specific.)

Appliances. (Be specific.)

DVD/VCR/DVR. (Be specific)

TV. (Be specific)

Personal Computer. (Be specific)

Stereo. (Be specific)

Motor vehicle

Motor vehicle

Motor vehicle

Cash, bonds of $

Other:

Other:

Continued on attached list.

3. DIVISION OF RETIREMENT, PENSION, DEFERRED COMPENSATION

Award each party his/her interest in any and all retirement benefits, pension plans, or other deferred compensation described as:

Each party WAIVES AND GIVES UP his/her interest in any and all retirement benefits, pension plans, or other deferred compensation of the other party:

Neither party has a retirement, pension, deferred compensation, 401K Plan and/or benefits.

4. DIVISION OF REAL PROPERTY:

A. Real property located at and which is legally described as:

LEGAL DESCRIPTION:

The real property as described above is: Awarded to Petitioner or Respondent as his/her sole and separate property.

Shall be sold and the proceeds divided as follows:

B. Real property located at and which is legally described as:

LEGAL DESCRIPTION:

The real property as described above is: Awarded to Petitioner or Respondent as his/her sole and separate property.

Shall be sold and the proceeds divided as follows:

More than two pieces of property are involved. See attached sheet listing the same information as in Sections A and B.

5. DIVISION OF COMMUNITY DEBTS: (You should see a lawyer about how to divide secured and unsecured debts.)

The community debts shall be divided as follows:

Creditors / Amount Owed / Petitioner / Respondent

Continued on attached list.

Any debts or obligations incurred by either party before the date of separation, that are not identified in the list above or attached, shall be paid by the party who incurred the debt or obligation and that party shall indemnify and hold the other party harmless from such debts.

7. SEPARATE PROPERTY.

The separate property is awarded to each party as follows:

Description / Value / Petitioner / Respondent

8. SEPARATE DEBT:

The separate debts shall be the responsibility of the person as described below.

Creditors / Amount owed / Petitioner / Respondent

Continued on attached list.