The Arizona DRDC10F form is a legal document used to initiate the dissolution of a non-covenant marriage in Yavapai County. It gathers essential information about both spouses, their marriage, and any minor children involved. Completing this form accurately is crucial for moving forward with the divorce process.
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The Arizona DRDC10F form plays a crucial role in the legal process of dissolving a marriage, especially for couples with minor children. This form, officially titled the "Petition for Dissolution of a Non-Covenant Marriage," serves as a detailed request to the Superior Court of Arizona in Yavapai County. It encompasses essential information about both spouses, including their names, addresses, and occupations, as well as their military status, if applicable. The form requires the petitioner to provide a comprehensive account of the marriage, including the date of marriage and the city or state where it took place. One of the key aspects of the DRDC10F is the 90-day residency requirement, which stipulates that at least one spouse must have lived in Arizona for a minimum of 90 days prior to filing for divorce. Additionally, the form addresses the division of community property and debts, ensuring that both parties have the opportunity to outline their claims. It also includes sections related to spousal maintenance and the custody of minor children, making it a vital document for those navigating the complexities of divorce proceedings in Arizona.
Name:
Mailing Address:
Daytime Telephone:
Representing Self, Without a Lawyer
IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY
In re the marriage of
DO
ATLAS #
PETITION FOR DISSOLUTION
Petitioner
OF A NON-COVENANT MARRIAGE
and
WITH MINOR CHILDREN
and Request for Order of Paternity
Respondent
STATEMENTS TO THE COURT, UNDER OATH
1.INFORMATION ABOUT ME, THE PETITIONER
Date of Birth:
Address:
Occupation:
How long I, the Petitioner, have lived in Arizona:
yrs.
mos.
[ ]
The Petitioner is enlisted in the military, and
[ ] has OR
[ ] has not been
deployed for at least one day during the past 6 months.
2.INFORMATION ABOUT MY SPOUSE, THE RESPONDENT
How long my spouse, the Respondent, has lived in Arizona:
The Respondent is enlisted in the military, and
[
] has OR
[ ] has not
been
3.INFORMATION ABOUT OUR MARRIAGE
Date of Marriage:
City and state or country where married:
We do not have a covenant marriage.
4.90-DAY RESIDENCY REQUIREMENT
[ ] I have, and/or [ ] my spouse has, lived or been stationed while a member of the Armed Forces, in Arizona for at least 90 days before my spouse filed this action. (IF THIS STATEMENT IS
NOT TRUE, YOU CANNOT FILE FOR DIVORCE UNTIL IT BECOMES TRUE.)
Superior Court of Arizona in Yavapai County
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DRDC10f
JULy 2010
INFORMATION ABOUT PROPERTY AND DEBTS:
5a. PROPERTY ACQUIRED DURING THE MARRIAGE:
]
My spouse and I did not acquire any community property during the marriage.
My spouse and I acquired community property during our marriage, and we should divide it
as follows: (List the property and the value of the property, and check the box to tell the Court
who you believe should get the property.)
DESCRIPTION OF PROPERTY/
HUSBAND
WIFE
SELL &
VALUE OF PROPERTY:
SPLIT
Real estate address:
Legal Description:
Household furniture and appliances:
Household furnishings:
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Other items:
Pension/retirement fund/profit sharing/
stock plan/401K:
Motor vehicles:
Make
Model
VIN
Lien Holder
5b. PROPERTY ACQUIRED BEFORE MARRIAGE (Separate Property):(check all boxes that apply)
I do not have any property that I brought into the marriage.
My spouse does not have any property that he or she brought into the marriage.
I have property that I brought into the marriage. I want this property awarded to me as
described it below:
My spouse has property that he or she brought into the marriage. I want this property
awarded to my spouse as described below:
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Separate Property: (List the property and the value of the property, and check the box to tell the Court who should get the property.)
6a. DEBTS INCURRED DURING THE MARRIAGE:
My spouse and I did not incur any community debts during the marriage.
We should divide the responsibility for the debts incurred during the marriage as follows:
DESCRIPTION OF DEBT/
AMOUNT OF DEBT:
6b. SEPARATE DEBTS: (check all boxes that apply)
My spouse and I do not have any debts that were incurred prior to the marriage, OR
I have separate debt that I incurred prior to the marriage that should be paid by me as
described below:
My spouse has separate debt that he or she or incurred prior to the marriage that should be
paid by my spouse as described below:
7.TAX RETURNS:
After the Judge or Commissioner signs the Decree of Dissolution of Marriage (Divorce), we will pay federal and state taxes as follows:
[ ] For previous years (the years we were married, not including the year the Decree is signed), the parties will file joint federal and state income tax returns.
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For previous calendar years, both parties will pay and hold the other harmless from
half of all additional income taxes if any and other costs, and each will share equally
in any refunds.
For the calendar year (the year that the Decree 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 (ALIMONY) (check the box that applies to you):
Neither party is entitled to Spousal Maintenance (alimony), OR
Petitioner OR [ ] Respondent is entitled to Spousal Maintenance because: (Check one or
more of the box(es) below that apply. At least one reason must apply to get spousal
maintenance.)
Person lacks sufficient property to provide for his or her reasonable needs;
Person is unable to support himself or 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 or
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 or herself. AND
Spousal maintenance shall be modifiable in accordance with Arizona law, OR
The parties acknowledge that the circumstances of their futures are unknown, but each
desires that this maintenance award not be modifiable in the future for any reason.
Therefore, it is ordered at this time that this spousal maintenance award shall not be
modifiable for any reason.
9.CHILD(REN) OF THE PARTIES WHO ARE LESS THAN 18 YEARS OLD:
The following child(ren) are under age 18 and were born during the marriage or adopted by me and my spouse: (attach extra pages if necessary)
Child’s Name:
Birth date:
Length of time at address:
Names and addresses of persons lived with for the past five (5) years:
Present addresses of person(s) lived with:
The [ ] Petitioner
OR [ ] Respondent is not the biological or adoptive
parent.
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[ ] The [ ] Petitioner OR [ ] Respondent is not the biological or adoptive parent
[ ] The [ ] Petitioner OR [ ] Respondent is not the biological or adoptive parent.
Address :
The following child(ren) are under age 18 and were born prior to the marriage and are common to me and my spouse: (attach extra pages if necessary)
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10. CUSTODY OR PARENTING TIME CASES INVOLVING THE MINOR CHILD(REN):
[ ] I HAVE [ ] I HAVE NOT been a party or a witness in court, in this state or any other state, involving the custody or parenting time of any child(ren) named above. (If so, explain below, using extra pages if necessary.)
Name of child:
Court state:
Court location:
Court case number:
Status :
How the child is involved:
Summary of any court order:
11.PENDING/PAST CASES RELATED TO MINOR CHILD(REN): (check one box)
[ ] I DO [ ] I DO NOT know of any court case, in this state or any other state, that could affect this case, including enforcement, domestic violence, protective orders, drugs, sexual offenses, termination of parental rights and adoptions. (If so, explain below, using extra pages if necessary.
Status:
Nature of the proceeding:
Date of conviction:
12.CUSTODY OR PARENTING TIME CLAIMS OF ANY OTHER PERSON: (Check one box)
I KNOW
[ ] I DO NOT KNOW the name and address of any person, other than the Petitioner
or the Respondent, who has physical custody of the child(ren) or claims rights of legal custody,
physical custody or parenting time of any child(ren) named above. (If so, explain below, using extra
pages if necessary.)
Name of each child:
Name of person with the claim:
Address of person with the claim:
Nature of the claim:
13.
PREGNANCY AND PATERNITY:
Wife is not pregnant, OR
Wife is pregnant: Due date
AND,
The Petitioner and Respondent are the parents of the child, OR
Petitioner is not the parent of the child,
OR
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Respondent is not the parent of the child.
A child or children was/were born before the marriage. The husband is
the father of that child/those children named below:
14.WRITTEN AGREEMENTS, CHECK ONLY IF TRUE:
For our child(ren), my spouse and I have a written agreement signed by both of us about:
Custody;
Parenting time;
Child support.
My spouse and I have a written agreement not related to the child(ren) and signed by both of
us about
.
I am filing the ORIGINAL Agreement.
15.
The Attorney General's office is involved in this case (TANF, IV-D, etc.).
OTHER STATEMENTS TO THE COURT UNDER OATH: You must tell the Court the truth. Lying to the Court is a crime and the Court can punish you for lying. To file for divorce, you must be able to tell the Court that the following statements are true. If the statements are not true, you cannot file for divorce until the statements are true. Check the box in front of each statement if the statement is true.
STATUS OF MARRIAGE AND CONCILIATION:
TRUE: My marriage is irretrievably broken and there is no reasonable prospect of
reconciliation. (My marriage is over.)
TRUE: The conciliation requirements under Arizona law, A.R.S. 25-381.09 either
do not apply or have been met.
TRUE: This Court has jurisdiction to decide child custody matters under Arizona
law.
REQUESTS TO THE COURT:
1.DISSOLUTION (DIVORCE):
Dissolve the parties' marriage and return each party to the status of a single
person;
2.NAMES:
Restore [ ] wife [ ] husband to her or his former name of
WARNING: If you are not the person who is requesting to have your former name restored, the Court must have a written request from the party who wants his or her name restored to change the name.
3.SPOUSAL MAINTENANCE (ALIMONY):
[ ] Neither party shall pay spousal maintenance (alimony) to the other party, OR
] Petitioner OR [ ] Respondent is ordered to pay the other party the sum of
$
per month spousal maintenance BEGINNING
AFTER THE Decree is signed. Each payment shall be made by the first day of each
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month thereafter and shall continue until [ ] the receiving party is remarried or deceased OR
[ ] until (date). All payments shall be made through the Clerk of the
Court by automatic wage assignment until all required payments have been made under the Decree. Payments made shall be included in receiving spouse's taxable income and are tax deductible from the paying spouse's income as required by law.
[ ] In accordance with the parties' agreements,
[ ] The spousal maintenance award shall be modifiable in accordance with Arizona law, OR
[ ] The spousal maintenance award shall NOT be modifiable for any reason.
4.COMMUNITY PROPERTY:
Make a fair division of all community property as requested in this Petition.
5.COMMUNITY DEBTS:
[ ] Order each party to pay community debts as requested in the Petition, 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 him or her since the parties separation
on
6.SEPARATE PROPERTY:
[ ] Award each party his or her separate property.
7.PATERNITY: Declare the husband to be the father of the following named child(ren) born before the marriage and (optional) change the legal name of those children to the name listed below:
Current legal name
Change legal name to:
8.AWARD CHILD CUSTODY AND PARENTING TIME as follows:
SOLE CUSTODY: Sole custody of the minor child(ren) awarded to [ ] Petitioner or
Respondent subject to parenting time for the noncustodial parent as follows:
1.
Reasonable parenting time pursuant to the Yavapai County Child Access
Guidelines;
2.
Reasonable parenting time pursuant to the attached Parenting Plan;
3.
Supervised parenting time. Supervised parenting time is in the best
interest(s) of the child(ren) because unrestricted parenting time would
seriously endanger the child(ren)'s physical, mental, moral or emotional
health. These facts support my claim:
Name of person who will supervise:
The cost of supervised parenting time shall be paid by [ ] Petitioner
[ ] Respondent
[ ] shared equally.
4.
No parenting time: (check and explain ONLY if you want the other party
to have no parenting time): No parenting time between the child(ren) and
the other party is in the best interests of the child(ren) because any parenting
time would seriously endanger the child(ren)'s physical, mental, moral or emotional health.
These facts support my claim:
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[ ] JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the minor child(ren) as set forth in the Joint Custody Agreement. (A Joint Custody Agreement
signed by both parents must be attached)
AND
Domestic violence has not occurred during this relationship;
Domestic violence has not been significant. However, domestic violence has
occurred as described in the Petition for Order of Protection(s) filed or as described below:
[ ] Joint custody is in the best interest of the child(ren) even though domestic violence has occurred because:
Furthermore, the [ ] Petitioner AND/OR [ ] Respondent has/have taken classes, participated in counseling or taken steps to avoid further domestic violence as described below:
9.CHILD SUPPORT: Support payments will begin on the first day of the first month following the entry of the Dissolution Decree. These payments, and a fee for handling, will be paid through the Clerk of the Court/Clearinghouse and collected by automatic wage assignment.
Order that child support shall be paid by [ ] Petitioner OR [ ] Respondent in a
reasonable amount as determined by the Court under the Arizona Child Support
Guidelines and according to the Parent’s Worksheet, which shall be filed with this
Petition.
Order that child support be paid in an amount that deviates from the Guidelines
because:
Application of the Guidelines is inappropriate or unjust because:
The parties have signed a written agreement free of duress and coercion with
knowledge of the amount of support that would have been ordered by the
Guidelines but for the agreement. A copy of the agreement is attached.
10.HEALTH, MEDICAL, DENTAL INSURANCE AND HEALTH CARE EXPENSES FOR CHILD(REN): Order that [ ] Petitioner or [ ] Respondent shall pay for health, medical, dental insurance coverage
for the child(ren) under the age of 18 years, and that [ ] Petitioner or [ ] Respondent shall pay for all reasonable unreimbursed medical, dental, health-related expenses incurred for the child(ren) in proportion to their respective incomes as described on the Parent’s Worksheet, which shall be filed with this Petition.
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Filling out the Arizona DRDC10F form is an important step in the process of dissolving a marriage. This form collects essential information about both spouses, their marriage, and any children involved. Completing it accurately will help facilitate the legal proceedings ahead.
The Arizona DRDC10F form is a legal document used in Yavapai County for filing a petition for the dissolution of a non-covenant marriage. It is specifically designed for couples who have minor children and need to address issues such as child custody, property division, and debts during the divorce process.
This form must be completed by the Petitioner, who is the spouse initiating the divorce. It includes personal information about both spouses, details about the marriage, and information regarding any children, property, and debts. If you are representing yourself without a lawyer, this form is essential for your case.
You will need to provide various details, including:
If neither you nor your spouse has lived in Arizona for at least 90 days before filing, you cannot file for divorce until that requirement is met. This is an important residency requirement in Arizona.
The form allows you to specify how community property acquired during the marriage should be divided. You can list each item of property, its value, and indicate whether you or your spouse should receive it. If you did not acquire any community property, you can indicate that as well.
Similar to property, the form asks you to detail any debts incurred during the marriage. You can specify how these debts should be divided between you and your spouse. If there are separate debts incurred before the marriage, you can also address those in the form.
After submitting the form, a judge or commissioner will review your petition. They may schedule a hearing to discuss the details of your case, including custody arrangements and property division. It’s important to be prepared to provide any additional information the court may require.
Failing to provide complete and accurate personal information. This includes the full name, date of birth, and mailing address of both the petitioner and the respondent. Inaccuracies can lead to delays or even rejection of the form.
Not checking the appropriate boxes. Each section has specific options that must be selected, such as whether the marriage is a covenant marriage or if there are minor children involved. Missing these can create confusion in court.
Overlooking the 90-day residency requirement. It is crucial to confirm that either the petitioner or the respondent has lived in Arizona for at least 90 days before filing. If this requirement is not met, the court may dismiss the case.
Inadequately detailing property and debts. When listing community property or debts, it is essential to provide clear descriptions and values. Vague or incomplete information can complicate the division process.
Neglecting to include separate property. If either party has property acquired before the marriage, this must be clearly identified and requested to be awarded to the respective party.
Failing to address spousal maintenance correctly. The petitioner and respondent should indicate if either party is entitled to spousal maintenance and provide valid reasons. Omitting this can affect financial support post-divorce.
Forgetting to list all children involved. Any children under 18 must be included, along with their relevant details. Incomplete information can lead to complications regarding custody and support.
Not providing tax information accurately. The form requires details on how taxes will be filed post-divorce. Misunderstanding this section can lead to future tax liabilities.
Ignoring the need for signatures. Both parties must sign the form to validate the information provided. A missing signature can result in the form being considered incomplete.
Submitting the form without reviewing it thoroughly. Before filing, it is important to double-check all entries for accuracy and completeness. Errors can cause delays and additional legal complications.
The Arizona DRDC10F form is a petition for the dissolution of a non-covenant marriage. When filing this form, several other documents may also be required to support the process. Below is a list of commonly used forms and documents that accompany the DRDC10F form.
These forms and documents play essential roles in the divorce process in Arizona. Each serves a specific purpose and helps ensure that all legal requirements are met for a smooth and fair resolution.
The Arizona DRDC10F form shares similarities with the Petition for Dissolution of Marriage form used in other states. This form initiates divorce proceedings and collects essential information about the parties involved, including their names, addresses, and details about the marriage. Like the DRDC10F, this form requires the petitioner to provide information about any children involved, property acquired during the marriage, and debts incurred. Both documents aim to establish a clear record for the court to facilitate the dissolution process.
Another document similar to the Arizona DRDC10F is the Financial Affidavit. This affidavit outlines the financial status of each party, including income, expenses, assets, and liabilities. Both forms require detailed disclosures to ensure transparency during the divorce proceedings. The financial information provided in both documents helps the court make informed decisions regarding property division and spousal support, ensuring that both parties' financial situations are considered.
The Marital Settlement Agreement is also akin to the DRDC10F form. This agreement outlines the terms of the divorce, including child custody, visitation, support, and property division. While the DRDC10F serves as a petition to initiate the divorce process, the Marital Settlement Agreement is typically a result of negotiations between the parties. Both documents aim to address the same core issues, but the settlement agreement is often more detailed in its provisions and can be presented to the court for approval.
The Child Custody Agreement is another document that resembles the DRDC10F form, particularly in its focus on minor children. This agreement outlines the custody arrangements, visitation schedules, and child support obligations. Similar to the DRDC10F, it emphasizes the best interests of the children involved. Both documents require parents to provide information about their living situations and parenting plans, ensuring that the needs of the children are prioritized during the divorce process.
Lastly, the Response to Petition for Dissolution of Marriage form is comparable to the DRDC10F. This document is filed by the respondent in a divorce case and addresses the claims made by the petitioner. Like the DRDC10F, it requires the respondent to provide information about themselves, their children, and any property or debts. Both forms serve to inform the court of each party's position and facilitate the resolution of disputes during the divorce proceedings.
When filling out the Arizona DRDC10F form, it’s crucial to approach the process carefully. Here are nine important do's and don'ts to keep in mind.
Following these guidelines will help ensure that your form is filled out correctly, making the process smoother for everyone involved.
Misconceptions about the Arizona DRDC10F form can lead to confusion and errors in the divorce process. Here are seven common misunderstandings:
Filling out the Arizona DRDC10F form is a critical step in the process of dissolving a marriage. Understanding how to complete this form accurately can help ensure that the legal proceedings go smoothly. Here are some key takeaways:
Completing the form thoroughly and accurately can significantly impact the outcome of the divorce proceedings. Take the time to review each section carefully.