SELF SERVICE CENTER

INSTRUCTIONS: HOW TO FILL OUT PAPERS FOR DISSOLUTION OF

A NON-COVENANT MARRIAGE (DIVORCE) WITH MINOR CHILDREN

DOMESTIC VIOLENCE: Domestic violence can be part of any marriage. Domestic violence includes
physical violence such as hitting, slapping, pushing, or kicking or threats of physical violence directed against
you and/or your children and/or verbal abuse used to control you and/or your children.

Court documents request your address and phone number. If you are a victim of domestic violence, and you do
not want your address to be known to protect yourself or your children from further violence, you must file a
“Request for Protected Address” and ask that your address not be disclosed on court papers. With that Order,
you do not need to put your address and phone number on your divorce papers. Just write "protected" in the
space on the form where you are asked for this information. You must tell the Clerk of the Court your address
and phone number as soon as possible so the court can get in touch with you. The court will keep your address
protected.

ALL FORMS: Type or print in black ink.

FORM: FAMILY DEPARTMENT / SENSITIVE DATA COVER SHEET

• Write in the information requested about Petitioner, Respondent, and any children under the age of 18.
• DO NOT INCLUDE MAILING ADDRESS ON THIS FORM IF REQUESTING ADDRESS
PROTECTION.
• Case Type: Mark only one box that matches the legal procedure for which you are filing the documents
in this packet: [x] Dissolution (Divorce).
• Interpreter: Check “yes” or “no” to indicate whether an interpreter is needed. If “yes”, write in what
language(s).
• No additional copies needed. Do NOT serve this document on the other party.

FORM: SUMMONS AND PRELIMINARY INJUNCTION

Fill in the following information: Your name; street address (if not protected); city, state, and zip code;
telephone number; ATLAS number; name of Petitioner; name of Respondent. You will have an ATLAS
number ONLY if you receive or have received AFDC or other public benefits for your minor child(ren) that are
common to you and your spouse. Tell the court whether you represent yourself or are represented by a lawyer.
If you are represented by a lawyer, contact your attorney before filing any documents with the court. DO NOT
fill out the rest of the form except on Page 2 of the Preliminary Injunction; fill out the description of other
party. The Clerk of Court will complete the rest of the form later.

FORM: PETITION FOR DISSOLUTION OF A NON-COVENANT MARRIAGE (DIVORCE) WITH

MINOR CHILDREN

A. Use this form ONLY if you are getting a divorce and there are children under the age of 18 years
involved who are common to you and your spouse, and you have a non-covenant marriage. Arizona
laws regarding “covenant” marriages went into effect August 21, 1998. See A.R.S §25-901. If you have

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 a covenant marriage, you and your spouse were asked to sign an affidavit that included a statement
similar to this:

“We solemnly declare that marriage is a covenant between a man and a woman who
agree to live together as husband and wife for as long as they both live. We have chosen
each other carefully. We understand that a covenant marriage is for life. If we
experience marital difficulties, we commit ourselves to take all reasonable efforts to
preserve our marriage, including marital counseling. We declare that our marriage will
be bound by Arizona law regarding covenant marriages and we promise to love, honor
and care for one another as husband and wife for the rest of our lives.”

(This paperwork will not work if you have a covenant marriage. If you have questions about whether
you have a “covenant” marriage, look at your marriage license and/or see a lawyer for help.) Make sure
your form is titled “Petition for Dissolution of Non-Covenant Marriage (Divorce) With Children.”

B. In the top left corner of the first page, fill out the following: your name (if you are the person filling out
the petition and filing the petition with the court); your address (if not protected); your city, state and
zip code; your telephone number; and your ATLAS number, if you are receiving or have received
AFDC from the Arizona Department of Economic Security. Tell the court whether you represent
yourself or are represented by a lawyer. If you are represented by a lawyer, contact your attorney
before filing any documents with the court.

C. If there is no prior Court Order for child support involving the same parties, fill in your name in the
space that says "Petitioner." Remember, you will be “Petitioner” through the whole case. (This includes
any emergency petitions, temporary petitions, and post-divorce decree petitions.) In the space that says
"Respondent," fill in the name of your spouse. Your spouse will be “Respondent” for the rest of this
case. (This includes any emergency petitions, temporary petitions, and post-divorce decree petitions.)

If there is a prior Court Order for child support involving the same parties, fill in the names of the
parties as it is written on that Court Order.

D. If there is no prior Court Order for child support involving the same parties, leave the space for Case
Number blank. When you file your papers, you will receive a case number.

If there is a prior Court Order for child support involving the same parties, you will file these papers
under that case number. Write that case number in the blank space.

STATEMENTS MADE TO THE COURT, UNDER OATH OR BY AFFIRMATION:

1. INFORMATION ABOUT ME. Fill in your name, address (if not protected), date of birth, job title,
and length of time in years and months in Arizona.

2. INFORMATION ABOUT MY SPOUSE. Fill in your spouse’s name, address (if you know it), date
of birth, job title, and length of time in years and months in Arizona.

3. INFORMATION ABOUT OUR MARRIAGE. Fill in the date you were married, and the city, and
state or county where you were married. If you do not know this information, and you were married in
Arizona, you may get a copy of your marriage license from the Clerk of the Superior Court at the
county seat where you were married.
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 NEXT: Read the statements that follow the checkboxes. Check the box for each statement that is
TRUE. If any statement is NOT true or if you fail to check the box to indicate the statement is true,
your case may not proceed. If the fourth box (regarding legal decision-making) is not checked, the
Court may not be able to enter orders regarding legal decision-making of the children.

Check the first box to indicate that you do not have a “covenant” marriage.*
Check the second box to indicate your marriage is irretrievably broken.*
Check the third box to indicate you have been to marital counseling – or that it would not help.*
Check the fourth box to indicate this court has the jurisdiction to determine legal decision-making and
parenting time issues.*

* To have a “Covenant Marriage”, both Petitioner and Respondent would have had to:
1. sign papers requesting to have a covenant marriage or to convert to a covenant marriage,
2. attend pre-marital counseling (unless converting an existing marriage to a covenant marriage, AND
3. Your marriage license would say “Covenant Marriage”.
If you still have questions about whether you have a “covenant” marriage, contact a lawyer for help.
“Irretrievably broken” means that your marriage is broken beyond repair and there is no chance of getting
back together with your spouse.
“Jurisdiction to determine legal decision-making and parenting time” Generally, the children must have
lived in Arizona for the past six (6) months, or since birth if younger than 6 months.

4. 90-DAY RESIDENCY REQUIREMENT. Before you file for Divorce, this statement MUST be true.
IF IT IS NOT TRUE, YOU CANNOT FILE FOR DIVORCE in Arizona until it becomes true.

5. CHILDREN OF THE PARTIES WHO ARE LESS THAN 18 YEARS OF AGE. If there are no
children under the age of 18 born to, or adopted by, you and your spouse, you should use the “Petition
for Dissolution of a Non-Covenant Marriage - Without Minor Children” Packet. Write the names of
any child(ren) under age 18 common to you and your spouse, whether born to you and your spouse
during or before your marriage or adopted by you and your spouse during the marriage. Include the
children’s birthdate(s), address(es), and length of time at the last address. Check to box to indicate if
minor children were born before the marriage.

6. PREGNANCY. If Petitioner or Respondent is NOT pregnant at this time, check the correct box and go
on. If Petitioner or Respondent is pregnant, check the correct box. Fill in the date the baby is due, and
check the box indicating if the other spouse is the parent of the unborn child.

7. INFORMATION ABOUT PROPERTY AND DEBTS: The information you give in paragraphs 7a
through d. tells the court about your property and debts, and how you think your property and debts
should be divided.

• Community property is generally any property you and your spouse purchased during your
marriage or paid for during the marriage, no matter who uses the property or who paid the
money.

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 • Unless property was a gift or inheritance, all property gotten (acquired) during the marriage up
until the time when your spouse is served with the Petition for Dissolution is generally
community property, and both you and your spouse are entitled to roughly an equal share of this
property.
• Community debts or bills are generally any debt you and your spouse acquired during your
marriage up until the time your spouse is served with the Petition for Dissolution, no matter who
spent the money.
• If you have questions, or have a lot of community property or debt, you should speak with a lawyer
BEFORE filing your Petition and other papers.

7.a PROPERTY ACQUIRED DURING THE MARRIAGE. (COMMUNITY PROPERTY). If you

and your spouse do not have any property that you acquired during the marriage, check the first box. If
you and your spouse acquired property together during the marriage, check the second box. If you
checked the second box, you must tell the court what property should go to you and what property
should go to your spouse. Generally, the court will divide the property 50-50, unless there are good
reasons not to. It is unlikely that the court will give most or all of the property to either spouse, so put
some thought into what you think would be a fair division before answering this question. Usually, if
you and your spouse cannot decide which spouse should receive what property, the court will order that
the property be sold, and any money received divided between you and your spouse.

First, list the property that you want the court to award to you, the Petitioner, and list the property that
you want the court to award to your spouse, the Respondent. Put a check in the box that matches the
property you want to go to which person. You should describe the property thoroughly for identification
purposes. Use the brand name, and model and serial numbers, where applicable. Then, estimate the
monetary value of the item.

Types of property:

a) Real Property (land, or home). Check who you want to get the property. You can ask the
court to give you the home, to give the home to your spouse, or to sell the home and divide the
proceeds. You should write the complete address of the property under "Real estate located at”
Most property has a legal description such as "LOT 77, PINE TREE ACRES, according to Book
111 of Maps,” which appears on your deed papers. You should use this description.
A cemetery plot is considered real property.
b) Household furniture. This includes sofas, beds, tables, and so forth. Be specific.
c) Household furnishings. This includes things in the house other than furniture, for example:
dishes, small appliances, rugs, and so forth. Be specific.
d) Other. List things that you want, or you want your spouse to have that have not already been
listed.
e) Pension/retirement fund/profit sharing/stock plans/401K. You and your spouse each
generally have an interest of up to 50% (one-half) of the other spouse's plan, for the number of
years you were married. The longer the marriage, the greater your financial interest in your
spouse's plan (up to 50 percent of the benefits/plan if you have been married the whole time the
plan has existed.) Check this box if you want to divide your interest in a retirement or profit
sharing/retirement/401K plan. If you check this box, you must see a lawyer about a document

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 called a Qualified Domestic Relations Order or QDRO. A QDRO is a very specialized legal
document that requires professional assistance to prepare. The Self-Service Center and the
court do not have Qualified Domestic Relations Order forms.
f) Motor vehicles. List the vehicle identification number, the year and make of the car (Ford,
Honda) and the model (Mustang, Lumina).

7.b. PROPERTY ACQUIRED BEFORE MARRIAGE. (SEPARATE PROPERTY). If you did not
have or bring any property into the marriage, check the first box. If you brought property into the
marriage or acquired property after your spouse was served with the Petition for Dissolution, check the
second box. If your spouse did not have or bring any property into the marriage, check the third box. If
your spouse brought property into the marriage or acquired property after your spouse was served with
the Petition for Dissolution, check the fourth box. If you checked the second and/or fourth box, you
must tell the court what property you brought into the marriage and what property your spouse brought
into the marriage. List the property that you want the court to award to you and list the property that
you want the court to award to your spouse. Put a check in the box that matches the property you want
to go to which person. You should describe the property thoroughly for identification purposes. You
can use the brand name and model and serial numbers where applicable.

7.c. DEBTS INCURRED DURING THE MARRIAGE. (COMMUNITY DEBT). If you and your
spouse do not owe money on any debts from the marriage, check the first box and go on. If you and
your spouse owe money on any debts from the marriage, check the second box. If you checked the
second box, tell the court which debts you should pay and which debts your spouse should pay.
Generally, the court will attempt to make a fair division of the debts. If you get property that has debt
on it, you will probably also be given the debt. Ordering one person to pay all the debt is unusual.
Think about what a fair division of the debts is before answering this question. Put enough information
to identify each debt.

If you and your spouse have been separated and have acquired new debts on your own since the
separation and before filing for divorce, you may want the court to order that each of you pay for any
new debt after the date you separated. You can make this request on the last page of your Petition under
“Community Debts."

7.d. SEPARATE DEBTS. DEBTS INCURRED PRIOR TO MARRIAGE. If you and your spouse did
not owe money on any debts before you were married, check the first box, and GO ON. If you owed
money on debts before you were married, check the second box. If your spouse owed money on debts
before you were married, check the third box. If either you or your spouse owe money on any debts
you or your spouse brought into the marriage, describe the debts, and tell the court which debts you
should pay and which debts your spouse should pay.

8. TAX RETURNS. Decide what you want to do about any income tax refund. Check the box that
applies to you. If you have questions about which box you can check, you should see a lawyer, an
accountant, and/or contact the Internal Revenue Service (IRS).

9. SPOUSAL MAINTENANCE /SUPPORT is the term used to describe money paid from one spouse to
the other spouse as part of a divorce settlement. You may know the term as alimony. Spousal
maintenance/ support is designed as a safety net for a spouse who cannot provide for his or her needs or
who meets other requirements listed on the Petition under paragraph 10. The idea behind spousal
maintenance/ support is that accomplishments during your marriage, including increases in earning

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 potential and living standards, are shared, and earned by BOTH parties to a marriage. Look at
paragraph 10 to see if spousal maintenance/support applies to you or your spouse. Check as many
boxes as apply to your situation. Spousal maintenance/support is paid separately from child support and
is not a substitute for, or a supplement to, child support.

10. WRITTEN AGREEMENT. Check this box ONLY if you and your spouse have a written agreement
regarding maintenance of a spouse, division of property/debt, legal decision-making, parenting time and
child support that both of you signed BEFORE you filed the “Petition for Dissolution of Marriage”.
If you have only discussed these issues and do not have a written agreement, do NOT check this box.

11. PARENT INFORMATION/EDUCATION PROGRAM. The Arizona Superior Court offers a Parent
Information/Education Program to provide information to divorcing parents, or parents involved in
other domestic relations actions, concerning what their children may be experiencing during this
emotionally difficult period (Pursuant to Arizona law (ARS § 25-351: "Domestic Relations Education
on Children's Issues").

 Completion of the Parent Information/Education Program is a requirement for all parents

involved in a divorce, legal separation, or paternity case in which a party requests that the court
determine legal decision-making, parenting time, or child support. Parties involved in other
types of domestic relations actions, such as modification or enforcement of legal decision-
making or parenting time, as well as child support matters, may also be ordered to attend the
Parent Information/Education Program at the court's discretion.
 Both the Petitioner and the Respondent must complete this class within 45 days from the date is
the Petition is served. (A.R.S.§ 25-352).
 Check the box that corresponds with whether you have completed the Parent
Information/Education Program.

12. DOMESTIC VIOLENCE. Place a mark in the boxes that are true in your situation. If you marked the
third box that states there was domestic violence, explain in writing why you think it is still in the
child(ren)’s best interest for the court to grant sole or joint legal decision-making to a parent who has
committed domestic violence.

13. DRUG / ALCOHOL CONVICTIONS. Place a mark in the box that best describes the Petitioner’s and
the Respondent’s drug / alcohol convictions within the last 12 months.

 A conviction of any drug offense within 12 months of filing of the petition seeking to establish
or modify legal decision-making, creates a rebuttable presumption that awarding either joint or
sole legal decision-making to that parent is not in the child's best interest. This is because the
court considers evidence of drug and alcohol convictions as being against the best interest of the
child A.R.S. 25-403.04.
 If the court finds evidence of a conviction of any drug/alcohol offense within 12 months of filing
of a petition to establish or modify legal decision-making has occurred, the court shall make
arrangements for parenting time that best protects the child.

14. CHILD SUPPORT. Place a check mark in the boxes about child support that are true in your situation.
Arizona law declares that every person has the duty to provide all reasonable support for that person's
natural and adopted minor, unemancipated children - regardless of the presence or residence of the child

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 in this state A.R.S. 25-501.

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15. OTHER EXPENSES. This item concerns uninsured or out-of-pocket health, medical, or dental
expenses for the child(ren). If you want these expenses divided in proportional to the respective
incomes of Petitioner and Respondent, place a check mark in the box.

REQUESTS TO THE COURT. This section requests that the court grant you and your spouse a divorce
and tells the court other requests you are making:

A. DISSOLUTION. A check mark in the box is your request to end your non-covenant marriage by a
divorce.

B. RESTORE NAME. Write in this section only if you want to use your maiden or former name. Write
in your complete current name, and maiden name or former last name in the space provided. 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 in order to change the name.

C. PATERNITY and MINOR CHILDREN’S NAMES. Place a mark in the box to indicate the legal
parent(s) of the child(ren) born before the marriage. If you intend to change the name(s) of the
child(ren), write the current name(s) on the left, and the new name on the right.

D. PRIMARY RESIDENCE, PARENTING TIME, AND AUTHORITY FOR LEGAL DECISION-

MAKING (Custody)

1. PRIMARY RESIDENCE: The physical place where the child is cared for, supervised,
and sleeps overnight. Tell the Court whether you want neither parents’ home, your home or your
spouse’s home to be the primary residence for the minor child(ren).

2. PARENTING TIME: means the schedule of time during which each parent has access to a
child at specified times. Each parent during their scheduled parenting time is responsible for
providing the child with food, clothing and shelter and may make routine decisions concerning
the child's care.

NOTE: (If you want to know more about parenting time, refer to “Planning for Parenting Time:
Arizona’s Guide for Parents Living Apart”. The Guide may be viewed online and downloaded
for free from the state courts’ web page.

 Check only one of the first three boxes. You can ask that the non-primary residential
parent (the parent having parenting time with the minor child less than 50% of the time)
have one of the following types of parenting time.
 Reasonable parenting time. This suggests an amount of parenting time
appropriate to the age of the child(ren). The court offers suggested amounts of
parenting time, but the amount can vary by agreement of both parents.
 Supervised parenting time to the non-primary residential parent. You may
request supervised parenting time if the non-primary residential parent cannot
adequately care for the minor child(ren) without another person present. You
may request this if the parent whose home is not the primary residence has a
problem with drugs or alcohol; is violent or abusive; or does not have the
parenting skills to care for the minor child(ren) without another adult present.
Remember, supervised parenting time is not intended to punish the parent, but to

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 protect the minor child(ren). Write in the name of a person you would like to
supervise the child-parent visit. Also, mark the box that shows who you think
should pay for the supervisor.
 No parenting time to the non-primary residential parent. You may mark this
option only if the non-primary residential parent has seriously harmed, abused, or
is a serious danger to the minor child(ren)’s physical and/or emotional health, or
if there is a criminal court order stating no contact between the minor child and
the parent whose home is not the primary residence of the children. You may use
this as a last resort to protect the minor child.

3. AUTHORITY FOR LEGAL DECISION-MAKING (CUSTODY): "Legal decision-making"

means the legal right and responsibility to make all nonemergency legal decisions for a child
including those regarding education, health care, religious training, and personal care decisions.
For the purposes of interpreting or applying any international treaty, federal law, a uniform code,
or the statutes of other jurisdictions of the United States, legal decision-making means legal
custody A.R.S. 25-401.

In the context of legal decision-making, “sole” means one parent, “joint” means both parents.
First, place a mark in the box to show if you want sole or joint legal decision-making. Then,
mark the parent (Petitioner, Respondent, or both) you want to be awarded the authority for legal
decision-making.

(For the court to order joint legal decision-making, there must have been no “significant”
domestic violence or find it in the best interests of the child(ren) despite any such violence
according to Arizona law, A.R.S. § 25-403.03)

E. CHILD SUPPORT:

1. Tell the court who you think should pay child support. The income of the parties may determine
the amount of the support according to the child support guidelines. Check only one box.

2. Past Support is child support after a couple has separated but before any paperwork is filed or
court orders issued. Indicate the party who owes past child support, if any is owed.

3. Place a mark in the box to request the child support order be attached to the Decree of
Dissolution.

F. MEDICAL, DENTAL, VISION INSURANCE AND HEALTH CARE EXPENSES FOR MINOR
CHILDREN: Mark the box(es) to request the part(ies) who should be responsible for medical, dental
and vision care for minor children

G. TAX EXEMPTION. Decide how you and your spouse will declare the tax dependency exemptions,
for which child(ren), for which years. Federal Tax law also determines this for you. Mark the box that
best describes your preference. If you are not sure, see a lawyer and/or an accountant for help.

H. SPOUSAL MAINTENANCE/SUPPORT. This tells the court that you or your spouse should pay
money to the other spouse on a monthly basis to help with living expenses. Spousal maintenance is not a
substitute for, or a supplement to, court ordered child support. You can check a box only if you checked

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 the same box in the spousal maintenance/support section earlier in the document.

 If you believe neither you nor your spouse should pay spousal maintenance check the first box.
 Check the second box if you request the court to order spousal support. Then indicate whether
the Petitioner will be paying spousal maintenance or whether the Respondent will be paying. If
you request spousal maintenance, choose what you believe to be a reasonable monthly amount
and tell the court how long the money should be paid. Base the amount of any request on the
receiving party's need and the income of the party paying this money.

I. COMMUNITY PROPERTY. This requests that the court fairly divide your marital property.

J. COMMUNITY DEBT. This requests that the court follow your instructions in the Petition about how
to divide your marital debt. If you have been separated from your spouse long enough that you or your
spouse may have additional debts, write down the date of your separation on the line provided if you
want each spouse to pay his/her debts incurred after you separated.

K. SEPARATE PROPERTY. This states that you will keep the property you owned before the marriage
and that your spouse will keep the property he or she owned before the marriage.

L. SEPARATE DEBT. This says that you will pay your separate debts and your spouse will pay his or
her separate debts.

M. OTHER ORDERS: Tell the court anything else you may want ordered that has not been covered in
your Petition.

OATH OR AFFIRMATION AND VERIFICATION OF PETITIONER: Sign this form in front of a Clerk
of the Superior Court or a notary public. By doing so, you are telling the Court that everything contained in the
Petition is true, under penalty of perjury.

FORM: NOTICE OF RIGHT TO CONVERT HEALTH INSURANCE

This is an important document that explains what to do about health care coverage for yourself and your minor
child(ren). Read it carefully and be sure a copy is served on your spouse, along with the other divorce papers.

FORM: AFFIDAVIT REGARDING MINOR CHILDREN

You must complete this document. Fill in the information completely and to the best of your knowledge.

FORM: ORDER and NOTICE REGARDING THE PARENT INFORMATION/EDUCATION PROGRAM

This is an important document. You and the other parent must attend and complete a class in the Parent
Information/Education Program. This is a very exciting and wonderful class. It was designed to help you. The
purpose of the Parent Information/Education Program is to give parents information about the impacts that
divorce, the changes in the family unit, and court involvement have on minor children involved in a divorce,
paternity, or legal decision-making case. This Notice applies to all parents who file an action for dissolution of
marriage or legal separation, or any paternity proceeding, in which a party has requested that the court
determine legal decision-making, parenting time, or child support, and to all other domestic relations cases if
ordered by the court. Make sure you read this order and notice and serve the other party with it.

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FORM: NOTICE REGARDING CREDITORS

This is an important document that tells you and your spouse that you are responsible for community debts to
creditors even though the court order or decree says that only one of you (either you or your spouse) are
responsible. This notice must be served on your spouse. In addition, read this notice to find out how to obtain
information from your creditors about account balances.

OTHER IMPORTANT PAPERS

Before you get an order from the Judge you must complete the court papers on what you want the Judge to
order about legal decision-making and parenting time, and for child support. The court papers you need, with
guidelines and/or instructions, are available on the Arizona Court web site (azcourts.gov). These court forms,
and those prepared by the other party, are what the Judge will use when it is time to sign the order about legal
decision-making (custody), parenting time and support. You can complete the papers about legal decision-
making, parenting time and support now, and serve or provide copies to the Respondent. Or, you can complete
the papers before the final court hearing date. The online child support calculator is available at the Arizona
Courts web site and will perform the child support calculations for you and produce a neat, legible Parents
Worksheet for Child Support and Child Support Order as well.

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