The Arizona Divorce Petition form is a legal document used to initiate the divorce process in the state of Arizona. This form outlines the details of the divorce and serves as a formal request to the court for the dissolution of marriage. If you are ready to begin this process, fill out the form by clicking the button below.
When navigating the complexities of divorce in Arizona, the Divorce Petition form serves as a crucial starting point for individuals seeking to dissolve their marriage. This form, specifically designed for cases involving children, outlines the necessary steps and requirements for filing. It is essential for the petitioner—the individual initiating the divorce—to understand their role and the implications of their requests. The form includes vital information about domestic violence, urging victims to seek immediate protection if necessary. Additionally, it addresses the residency requirements for filing, emphasizing that either spouse must have lived in Arizona for at least 90 days prior to submission. The document also clarifies the no-fault nature of Arizona divorces, where proving irretrievable breakdown of the marriage suffices. Furthermore, it highlights the importance of protecting sensitive information, guiding users to fill out a separate Confidential Sensitive Data Form when necessary. With clear instructions and resources for legal assistance, this petition packet aims to empower individuals during a challenging time, ensuring they have the tools needed to proceed with their case effectively.
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 [email protected].
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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Completing the Arizona Divorce Petition form is an important step in the process of filing for divorce. Once you have filled out the necessary information, you will be able to submit your petition to the court for review. This will initiate the legal proceedings and allow you to move forward with your case.
A petition for divorce is a formal written request submitted to the court to initiate the divorce process. This document outlines the reasons for the divorce and the specific requests being made, such as child custody or division of property.
In divorce proceedings, the individual filing for divorce is referred to as the Petitioner. The other spouse, who responds to the petition, is known as the Respondent. These terms will appear on all related legal documents.
To file for divorce in Arizona, either you or your spouse must have resided in the state for a minimum of 90 days. If you are in the military, you must have been stationed in Arizona for at least 90 days. Additionally, if children are involved, they must have lived in Arizona for at least 6 months for the state to have jurisdiction over custody matters.
Yes, Arizona is a no-fault divorce state. This means that you do not need to prove wrongdoing by either spouse. You simply need to state that the marriage is irretrievably broken, indicating that there is no reasonable possibility of reconciliation.
Consulting a lawyer is advisable, even if you plan to represent yourself. Legal cases can be complex, and a lawyer can provide valuable guidance tailored to your situation. This could save you time, money, and prevent mistakes in the filing process.
The Self-Service Center is located in the Pima County Law Library, Room 256, on the second floor of the Pima County Superior Court. The address is 110 West Congress Street, Tucson, Arizona 85701. It operates Monday through Friday from 8 a.m. to 5 p.m., excluding holidays.
Sensitive data refers to personal information that you may not want to disclose publicly, such as social security numbers or financial account details. Since court documents are generally accessible to the public, you should use a Confidential Sensitive Data Form to protect this information. On the petition, indicate "SEE CONFIDENTIAL SENSITIVE DATA FORM" where sensitive information would normally appear.
Neglecting to Verify Residency Requirements: Many individuals fail to confirm that they or their spouse have lived in Arizona for at least 90 days before filing. This is a crucial requirement. If you haven't met this condition, your petition may be dismissed.
Forgetting to Address Sensitive Information: Some people mistakenly include sensitive data, such as social security numbers or financial account details, directly in their petition. Instead, they should reference the Confidential Sensitive Data Form to keep this information private.
Misunderstanding Petitioner and Respondent Roles: Confusion often arises regarding the terms "Petitioner" and "Respondent." The person filing for divorce is the Petitioner, while the other spouse is the Respondent. Failing to correctly identify these roles can lead to complications in the process.
Ignoring the Importance of Legal Advice: Many individuals choose to fill out the petition without seeking legal advice. This can lead to serious errors. Consulting with a lawyer can provide clarity and help avoid mistakes that could prolong the divorce process.
When filing for divorce in Arizona, several forms and documents are commonly used alongside the Divorce Petition. Each of these documents serves a specific purpose in the divorce process. Below is a list of these essential forms.
Understanding these forms can help streamline the divorce process. It’s crucial to complete each document accurately and submit them on time to avoid unnecessary delays. If there are any questions or uncertainties, seeking legal advice is always a wise choice.
The Arizona Child Custody Petition form serves a similar purpose to the Divorce Petition, as both documents initiate legal proceedings related to family law. While the Divorce Petition focuses on the dissolution of marriage, the Child Custody Petition specifically addresses the determination of custody arrangements for children involved in a divorce or separation. Both forms require the petitioner to provide detailed information about their circumstances and the desired outcomes, ensuring that the best interests of the children are prioritized. The process for filing these petitions is also similar, often requiring the same court and procedural steps, making them closely related in the realm of family law.
The Arizona Child Support Order form parallels the Divorce Petition in that both deal with financial responsibilities arising from a divorce. While the Divorce Petition initiates the divorce process, the Child Support Order specifically outlines the financial obligations of the non-custodial parent to support their children. Both documents require financial disclosures and calculations based on state guidelines, ensuring that children's needs are met post-divorce. The completion and submission of these forms are often interlinked, as child support issues frequently arise during divorce proceedings.
The Arizona Spousal Maintenance Petition is another document similar to the Divorce Petition, as it addresses financial support between spouses after separation or divorce. While the Divorce Petition seeks to end the marriage, the Spousal Maintenance Petition requests financial assistance from one spouse to another, based on various factors such as the length of the marriage and the recipient's financial needs. Both forms require detailed financial information and can be filed concurrently to streamline the divorce process, highlighting the interconnectedness of financial and marital dissolution issues.
The Arizona Petition for Legal Separation is akin to the Divorce Petition, but it serves a different purpose. This document allows couples to live separately while remaining legally married, often used when one spouse is not ready for divorce but seeks to establish legal boundaries. Like the Divorce Petition, it requires the petitioner to outline the reasons for separation and any arrangements regarding children and finances. Both forms share similar filing procedures and may involve similar legal considerations, making them relevant in discussions about marital dissolution.
The Arizona Petition for Modification of Custody is closely related to the Divorce Petition, particularly in cases where custody arrangements established during a divorce need to be changed. This document allows a parent to request a change in custody based on new circumstances or the best interests of the child. The process of filing this petition involves similar steps as the Divorce Petition, including providing evidence and justifications for the requested changes, emphasizing the ongoing legal relationship established during the divorce.
The Arizona Petition for Order of Protection is another document that intersects with the Divorce Petition, especially in cases involving domestic violence. This petition seeks immediate legal protection for individuals who fear for their safety or the safety of their children. While the Divorce Petition addresses the dissolution of marriage, the Order of Protection focuses on ensuring safety and security. Both documents can be filed simultaneously in situations where domestic violence is a concern, highlighting the urgent need for protective measures during the divorce process.
The Arizona Parenting Plan is similar to the Divorce Petition in that it outlines the arrangements for child custody and visitation after a divorce. While the Divorce Petition initiates the divorce process, the Parenting Plan provides a detailed roadmap for co-parenting, addressing how decisions will be made regarding the children. Both documents require careful consideration of the children's best interests and often need to be filed together to ensure that custody and visitation rights are clearly defined during the divorce proceedings.
The Arizona Confidential Sensitive Data Form is related to the Divorce Petition in that it protects sensitive information included in court documents. When filing a Divorce Petition, individuals may need to disclose personal data, such as social security numbers or financial information. The Confidential Sensitive Data Form allows individuals to provide this information securely, ensuring that sensitive details are not publicly accessible. Both forms are integral to the divorce process, emphasizing the importance of privacy in legal proceedings.
Lastly, the Arizona Notice of Appearance is similar to the Divorce Petition in that it informs the court of a party's involvement in a case. This document is typically filed by an attorney representing a party in a divorce proceeding. While the Divorce Petition initiates the case, the Notice of Appearance ensures that all parties are aware of legal representation and can facilitate communication between the court and the involved parties. Both documents play crucial roles in the legal process, ensuring that all necessary parties are properly notified and involved in the proceedings.
When filling out the Arizona Divorce Petition form, careful attention to detail is essential. Here are some important dos and don'ts to consider:
Following these guidelines can help streamline the process and reduce the likelihood of complications during your divorce proceedings. Remember, clarity and accuracy are key when completing legal documents.
Misconceptions about the Arizona Divorce Petition Form
When filling out and using the Arizona Divorce Petition form, here are some key takeaways to keep in mind:
Filling out the petition can be a daunting task, but taking these steps can help ensure a smoother process.