DIVORCE WITH MINOR CHILDREN

DIVORCE

WITH MINOR

CHILDREN

1

To File for Divorce in a Non-Covenant Marriage

with Minor Children

Part 1: Forms and Instructions

DRDC1 – 5020 – 031524

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DR17f 072720

Law Library Resource Center

PETITION FOR DISSOLUTION OF NON-COVENANT MARRIAGE

(DIVORCE) WITH MINOR CHILDREN

CHECKLIST

You may use the forms and instructions in this packet if . . .



You want to file a petition for divorce, AND,



You do not have a “covenant” marriage (These papers will not work for a covenant

marriage)* AND,

*What is a “Covenant Marriage”? As of August 21, 1998, the Arizona Legislature created a

new type of marriage called “covenant” marriage. To have a covenant marriage, both

husband and wife would have had to:

1. sign papers requesting to have a covenant marriage;

2. attend pre-marital counseling; AND

3. your marriage license would say “Covenant Marriage.”

If you were married before August 21, 1998 and have not signed papers to convert your

marriage to a covenant marriage, you do not have a covenant marriage. If you still have

questions about whether you have a covenant marriage, see a lawyer for help.



You and your spouse have minor children with each other AND,



The minor child(ren) resided (lived) in Arizona at least 6 months before you file the petition

or you talked to a lawyer who advised you that you could pursue the case in Arizona AND,



Either spouse lived in Arizona at least 90 days before you file the Petition, or is a member

of the armed forces and is stationed in Arizona at least 90 days before you file AND,



You believe that the marriage is irretrievably broken (you and your spouse cannot make

this marriage work) AND,

You or your spouse have either tried to resolve your marital problems through Conciliation

Services, or there is no point in trying to resolve your marital problems.

READ ME: Consulting a lawyer before filing documents with the court may help prevent

unexpected results. A list of lawyers you may hire to advise you on handling your own case

or to perform specific tasks, as well as a list of court-approved mediators can be found on the

Law Library Resource Center website.

©Superior Court of Arizona in Maricopa County DRDC1k-040517

Law Library Resource Center

Divorce with minor children

Part 1 - Pet

ition and first court papers

This packet contains court forms and instru

ctions to file a divorce with minor children. Items in bold

are forms that you will need to file with the Court. Non-bold items are instructions or procedures. Do

not copy or file those pages!

Order File Number Title # pages

1 DRDC1k Checklist: You may use this packet if . . . 1

2 DRDC1t Table of Contents (this page) 1

3 DRDC10i

Instructions: How to fill out papers for divorce with minor

children

11

4 DRCVG12h Parenting Plan Information 2

5 DRSM12h How to complete a Spousal Maintenance Worksheet 1

6 DRDC10p Procedures: How to file papers for divorce with minor children 2

7 DRSDS10f-c

Family Department/Sensitive Data Coversheet in Cases with

Minor Children (*no copies required)

1

8

DR11f

Summons

2

9 DR14f

Preliminary Injunction

3

10 DRDC15f

Petition for Dissolution of a Non-covenant Marriage

(Divorce) with Minor Children

14

11 DRD16f Notice of Your Rights about Health Insurance Coverage 2

12 DR12f

Order and Notice to Attend Parent Information Program

Class

5

13 DRCVG13f Affidavit Regarding Minor Children

3

14

DRCVG11f

Parenting Plan

12

15 DR16f

Notice Regarding Creditors

2

*No copies required. File original only. Do not serve on other party.

The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa

County. You have permission to use them for any lawful purpose. These forms shall not be used to

engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability

for actions taken by users of these documents, including reliance on their contents. The documents are

under continual revision and are current only for the day they were received. It is strongly recommended

that you verify on a regular basis that you have the most current documents.

©Superior Court of Arizona in Maricopa County Page 1 of 11 DRDC10i 092422

Law Library Resource Center

Instructions: How to fill out papers for 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 Superior 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

Most court forms can be filed electronically (eFile), and some forms in this packet may be auto

generated by the eFiling system. If you will be eFiling your forms, you will not need to complete

all forms in this packet. For more information about eFiling and which forms will be auto

generated by the eFiling system, read the eFiling instructions first:

https://superiorcourt.maricopa.gov/media/7446/dref13i.pdf.

Form: Family Department/Sensitive Data Cover Sheet

• Write in the information requested about Petitioner/Party A, Respondent/Party B, 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.

Forms: 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

©Superior Court of Arizona in Maricopa County Page 2 of 11 DRDC10i 092422

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. If you are represented by an attorney,

write in the attorney’s bar number. Tell the court whether you represent yourself or are represented

by an attorney. 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 Superior Court will complete it later.

Form: Petition for Dissolution of a Non-Covenant Marriage (Divorce) with Minor Children

• 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 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.

• 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 and the attorney bar

number if you are represented by an attorney. Then check the box to say whether you are

represented or not. If an attorney represents you, write in your name in the space after “Attorney

for.”

• If there is no prior Court Order for child support involving the same parties, fill in your name in

the space that says “Petitioner/Party A.” Remember, you will be “Petitioner/Party A” through the

whole case. (This includes any emergency petitions, temporary petitions, and post-divorce decree

petitions.) In the space that says “Respondent/Party B,” fill in the name of your spouse. Your

spouse will be “Respondent/Party B” 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 the

Court Order.

• Leave the space for Case No. blank. When you file your papers, you will receive a case number.

If there is already a Court Order for child support involving the same parties, you will file these

papers under the same case number. Write that case number in the blank space.

©Superior Court of Arizona in Maricopa County Page 3 of 11 DRDC10i 092422

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, occupation,

and length of time in Arizona.

2. Information about my spouse. Fill in your spouse’s name, address, (if you know it) date of

birth, occupation, and length of time in Arizona.

3. Information about your marriage. Fill in the date you were married, and the city and state

where you were married. If you do not know this information, and you were married in

Maricopa County, you may get a copy of your marriage license from the Clerk of Superior

Court at 601 West Jackson Street in downtown Phoenix. If you were married in another county

in Arizona, go to the Clerk of Superior Court at the county seat where you were married.

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.

To have a “Covenant Marriage,” both Party A and Party B 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.

Check the second box to indicate your marriage is irretrievably broken. “Irretrievably broken”

means that your marriage is broken beyond repair and there is no chance of getting back

together with your spouse.

Check the third box to indicate you and your spouse have attended a free conference with

trained staff through the Court – or that it would not help.

“Power to decide 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.

Check the fourth box to indicate this Court has the power to decide legal decision-making and

parenting time issues.

©Superior Court of Arizona in Maricopa County Page 4 of 11 DRDC10i 092422

4. Venue. You, your spouse or the minor children must live in Maricopa County to use these

forms. This must be true, and you must check this box.

5. 90-day 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.

6. Domestic violence. This tells the court if domestic violence was in the marriage, which affects

a request for joint legal decision-making (custody), (if you intend to ask for joint custody). If

you are not sure what domestic violence means, see the “Domestic Violence” section on the

first page of these instructions. Check the box that applies to your situation.

7. Children common to 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 their birthdate(s), address(es), and length of time at the last address.

8. Pregnancy. If Party A or Party B is not pregnant at this time, check the correct box and go on.

If Party A or Party B is pregnant, check the second box. Fill out the date the baby is due and

fill in any information regarding the parents of the unborn child. If there are any minor children

that were born before the marriage, check the third box. Check the box stating Party A and/or

Party B is the parent of the minor child and fill out the name(s) of the minor child(ren) born

before the marriage on the lines below.

Information about property and debt: The information you give in paragraphs 8a 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.

• 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 an

attorney before filing your Petition and other papers.

9.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-

©Superior Court of Arizona in Maricopa County Page 5 of 11 DRDC10i 092422

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 Party A, and list the property that

you want the court to award to Party B. 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, 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 an attorney about a document called a Qualified

Domestic Relations Order or QDRO. A QDRO is a very specialized legal document

that requires professional assistance to prepare. The Law Library Resource 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).

9.b. Property acquired before marriage. (Separate property). If Party A did not have or bring

any property into the marriage, check the first box. If Party B did not have or bring any

property into the marriage, check the next box. If you or your spouse brought property into

the marriage or acquired property after your spouse was served with the Petition for

Dissolution, check the third and/or fourth box. If you checked the third 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

©Superior Court of Arizona in Maricopa County Page 6 of 11 DRDC10i 092422

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.

9.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 check 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 is a fair division of the debts 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 Letter I, “Community Debts."

9.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.

10. 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).

11. 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/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 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

12. Written legal decision-making (custody) agreement. Check this box only if you and your

spouse have a written agreement regarding 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.

©Superior Court of Arizona in Maricopa County Page 7 of 11 DRDC10i 092422

13. Parent Information Program. The Superior Court in Maricopa County offers a Parent

Information 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 (A.R.S. § 25-351: “Domestic Relations

Education on Children’s Issues”).

• Completion of the Parent Information 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 Program at the Court’s discretion.

• Both Party A and Party B 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 Program.

14. 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.

15. Drug/alcohol convictions. Place a mark in the box that best describes Party A and Party B’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 protect the child.

16. 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 in this state A.R.S. § 25-501.

• Title IV-D program or Temporary Assistance for Needy Families (TANF) recipients

Note: Mark the box if you or the other party are involved in the TANF or Title IV-D

programs. In Part 4, you must obtain the written approval and signature of the Attorney

General or county attorney assisting you on your TANF or IV-D case. You must include

or attach the signature to the Final Decree BEFORE filing it. (Rule 45 (c) (3))

©Superior Court of Arizona in Maricopa County Page 8 of 11 DRDC10i 092422

17. 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 Party A and Party B, place a check mark in the box after number 16.

Requests to the court. This section requests that the court grant you and your spouse your 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.

Names. Write in this section only if you want to use your maiden or former name. Write in your

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.

B. 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 of the child(ren), write

the current name(s) on the left, and the new name on the right.

C. Primary residence, parenting time, and legal decision-making (legal custody)

1. Primary residence: The physical place where the child is cared for, supervised, and sleeps

overnight. Tell the Court whether you want 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 physical custody and parenting time, refer to

“Planning for Parenting Time: Arizona’s Guide for Parents Living Apart.” The Guide is

available for purchase at all Superior Court Law Library Resource Center locations or 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 should 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

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child(ren) without another adult present. Remember, supervised parenting time is not

intended to punish the parent, but to protect the minor child(ren).

• No parenting time to the non-primary residential parent. You should mark this option

only if the non-primary residential parent has seriously harmed, abused, or otherwise 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.

• 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.

3. Legal decision-making: “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 Party (A or B 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)

D. 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.

E. 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

F. 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.

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G. Spousal maintenance/support (alimony). 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 the same box in the spousal maintenance/support section on page 6, paragraph 10.

• 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 (Party A) will be paying spousal maintenance or whether (Party B) 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.

H. Community property. This requests that the court fairly divide your marital property.

I. 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.

J. Separate property. This states that you will keep the property you owned before the marriage and

that your spouse will keep the property he/she owned before the marriage.

K. Separate debt. This says that you will pay your separate debts and your spouse will pay his/her

separate debts.

L. 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 Party A: Sign this form in front of a Clerk of 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.

Other important papers in this packet:

Notice of Rights about Health Insurance Coverage: 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.

Affidavit Regarding Minor Children: You must complete this document. Fill in the information

completely and to the best of your knowledge.

Order and Notice Regarding the Parent Information Program: This is an important document. You and

the other parent must attend and complete a class in the Parent Information Program. The purpose of the

Parent Information Program is to give parents information about the impacts that divorce, the changes in

©Superior Court of Arizona in Maricopa County Page 11 of 11 DRDC10i 092422

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 proceeding in which a party has requested that the court determine legal decision-

making, parenting time or support, and to all other domestic relations cases if ordered by the court. Make

sure you read this order and notice and serve it on the other party.

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.

Parenting Plan: Fill out the Parenting Plan to let the Court know details about what you want for legal

decision-making authority and parenting time. It is important to be specific when filling out the Parenting

Plan. You may refer to the “Planning for Parenting Time: Arizona’s Guide for Parents Living Apart” to

help make your parenting plan. The Guide is available for purchase at all Superior Court Law Library

Resource Center locations, or may be viewed online and downloaded for free from the State Courts’

webpage. After completing the Parenting Plan, file it with your Petition

Other important papers to be completed not in this packet:

Child Support Worksheet

You may use the free online child support calculator at the website listed below to complete a

child support worksheet.

ezCourtForms http://www.superiorcourt.maricopa.gov/ezcourtforms2/

To complete the Child Support Worksheet, you will need to know:

• Your monthly gross income and that of the other parent.

• The monthly cost of medical insurance for the minor children who are the subject of this

action.

• Monthly childcare amounts paid to others.

• The number of days the minor child(ren) spend with the non-primary residential (custodial)

parent.

• Monthly obligations of yourself and the other parent for child support or court-ordered

spousal maintenance/ support.

After completing the child support worksheet, print out the child support worksheet and file it

with your Petition.

Next step: After you fill out all of the forms in this packet, read the form called Procedures: How to file

forms for divorce with minor children.

LAW LIBRARY RESOURCE CENTER

PARENTING PLAN INFORMATION

A.R.S. § 25-401 defines legal decision-making and parenting time as follows:

1. "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 car

e

dec

isions.

2. "

Joint Legal Decision-Making" means both parents share decision-making and neither parent’s rights

nor responsibilities are superior except with respect to specified decisions as set forth by the Court or t

he

par

ents in the final judgment or order.

PARENTS PLEASE NOTE: Per A.R.S § 25-403.09, an award of joint legal

decision-making or a substantially equal parenting time plan does not

diminish the responsibility of either parent to provide for the support of the

child. Also note that joint legal decision-making does not necessarily mean

equal parenting time. A.R.S. § 25-403.02(E)

3. "Sole Legal Decision-Making" means one parent has the legal right and responsibility to make major

decisions for a child.

4. "Pa

renting 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.

Y

ou may view the “Parenting Time Guidelines” online at the Arizona

Supreme Court’s website.

Drafting a Parenting Plan:

T

he written parenting plan pays attention to how the parents will make decisions pertaining to the child(ren)’s

education, health care, religious training, and personal care; it is a blend of specific information with generalized

plans of action. It should reflect what the parents are currently doing or what they actually plan to do. It should

reflect a commitment to the minor child(ren)'s needs as predominant.

If the parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a

proposed parenting plan. A.R.S. § 25-403.02(A)

In order for the Court to approve a parenting plan, A.R.S. § 25-403.02 requires the Court to make the

following findings

:

a. The best interests of the minor child(ren) are served;

b. The plan designates legal decision-making as joint or sole;

c

. T

he plan sets forth each parent's rights and responsibilities for the personal care of the minor

child(ren) and for decisions in areas such as education, health care, and religious training;

d. The plan provides a practical schedule of parenting time for the child, including holidays and

school vacations;

Page 1 of 2

e. The plan includes a procedure for exchanges of the child, including location and responsibility

for transportation;

f

. T

he plan includes a procedure by which proposed changes, disputes and alleged breaches may

be mediated or resolved, which may include the use of Conciliation Services or private

counseling;

g. The plan includes a procedure for periodic review (e.g., parents agree to review the terms of t

he

agr

eement every 12 months.);

h. The plan includes a procedure for communicating with each other about the child,

including methods and frequency;

i. The plan includes a statement that each party has read, understands, and will abide by t

he

notification requirements of A.R.S. § 25-403.05(B). (A parent must immediately notify the other

parent if the parent knows that a convicted/registered sex offender or a person who has been

c

onvicted of a dangerous crime against children may have access to the child. Notice must

be

pr

ovided (i) by first class mail, return receipt requested, (ii) by electronic means to an e-ma

il

addr

ess the recipient provided to the parent for notification purposes, or (iii) by other

communication accepted by the Court.)

T

he following questions may be used as a starting place when drafting a parenting plan:

1. The geographical location of the parents: Where do parents live relative to one another? What are

their addresses? Permanent or temporary?

2. Arrangements regarding the residential requirements of the minor child(ren): How much time will

the minor child(ren) spend with each parent? Be as specific as possible, including days and times.

3. A

rrangements for holidays and vacations: What are your plans for summer vacation and school

breaks? List specific details including dates and times.

4. A

rrangements for education: How will decisions be made for educational matters? For example, if

preschool age, what school will the minor child(ren) attend? If private school, who pays what?

5. A

dditional transportation arrangements: Will any additional transportation arrangements be need

ed?

I

f so, what will be the responsibilities of each parent?

6. D

eterminations regarding minor child(ren)'s health care: For example, how will medical decisions b

e

m

ade? Who will provide insurance? How are non-insured expenses paid? Who decides on seeking

non-emergency treatment? Is there a dental plan? If not, who will pay what?

7. A

rrangements regarding extraordinary expenses: For example, what financial arrangements ar

e

made for the minor child(ren) (such as each sharing extraordinary expenditures and the parent with whom

the minor child(ren) resides bearing the ordinary ones during the minor child(ren)'s residency)? A fixed

amount per month?

8. A

rrangements for minor child(ren)'s religious training, if any: For example, how will decisions be

made for religious training? What, if any, are the plans for religious training?

9. A

ny other factors: What other arrangements (such as music lessons, sports/activity fees, camp or

Scouts) are needed?

Page 2 of 2

Law Library Resource Center

How to complete a Spousal Maintenance Worksheet

(Applies only to cases in which the original petition for dissolution or legal

separation was filed on or after September 24, 2022)

In a dissolution of marriage (divorce) or legal separation, one party may request that the court order the

other party to pay “spousal maintenance.” This is financial support paid by one party to the other party.

The court considers certain statutory factors to decide whether a party is eligible for spousal maintenance.

In these cases, either party may request that the other pay spousal maintenance.

Spousal Maintenance Guidelines:

For a case filed on or after September 24, 2022, if a person is eligible for spousal maintenance, then the

court uses the Arizona Spousal Maintenance Guidelines to determine the amount and duration of the

award for spousal maintenance.

The Guidelines can be found here:

https://www.azcourts.gov/familylaw/Child-Support-Family-Law-Information/Spousal-Maintenance-

Guidelines.

Spousal Maintenance Calculator:

In any dissolution of marriage or legal separation case that was originally filed on or after September 24,

2022, when a party requests spousal maintenance, or requests to change a past spousal maintenance court

order, a completed Spousal Maintenance Worksheet must be included under the following situations.

• When filing an Application for Entry of a Default Decree and the party seeking default proceeds

by motion without a hearing (Rule 44.1, ARFLP)

• When the parties agree to spousal maintenance and are submitting either a Summary Consent

Decree or Consent Decree for Court approval (Rules 45 and 45.1, ARFLP).

The worksheet is created using the FREE online Spousal Maintenance Calculator. Access to the internet

is required. The online Spousal Maintenance Calculator can be found here:

https://www.superiorcourt.maricopa.gov/app/selfsuffcalc/.

If you do not have access to the internet and/or a printer, you may use the computers at any Law Library

Resource Center location. There is a small, per-page charge for printing.

Next Steps:

After completing the Spousal Maintenance Calculator, print out the Spousal Maintenance Worksheet in

order to file it with your other paperwork.

When you have completed all necessary forms, go to the “Procedures” page and follow the steps.

Law Library Resource Center

Procedures: How to file papers for divorce with minor children

Step 1: Complete the Family Department/Sensitive Data Coversheet with Children. (Do not

copy this document.)

Step 2: Complete the Child Support Worksheet online via ezCourtForms:

http://www.superiorcourt.maricopa.gov/ezcourtforms2/

Print out 1 copy of the completed Child Support Worksheet.

Step 3: Copies.

If you will eFile your forms, you may not need as many paper copies. You will need a

paper set of the filed forms to serve on the other party, one for Division of Child Support

Services if they are involved in your case, and one for the judge (when required). You will

also need to print out the forms auto generated by the eFile system to serve. For more

information about how to eFile your papers, read the eFiling instructions:

https://superiorcourt.maricopa.gov/media/7446/dref13i.pdf.

Make 2 copies of the following documents after you have filled them out.

• Summons

• Preliminary Injunction

• Petition for Dissolution of Non-covenant Marriage (Divorce) with Minor

Children

• Notice of Right to Convert Health Insurance

• Order and Notice for the Parent Information Program

• Notice Regarding Creditors

• Affidavit of Minor Children

• Parenting Plan

• Child Support Worksheet

Step 4: Separate your documents into three (3) sets:

Set 1 - Originals for Clerk of Superior Court:

• Family Department/Sensitive Data Cover

Sheet with Children

• Summons

• Preliminary Injunction

• Petition for Dissolution of Marriage…

• Notice of Right to Convert Health

Insurance

• Order and Notice for Parent Information

Program

• Affidavit of Minor Children

• Notice Regarding Creditors

• Parenting Plan

Child Support Worksheet

Set 2 - copies for spouse:

• Summons

• Preliminary Injunction

• Petition for Dissolution of

Marriage…

• Notice of Right to Convert Health

Insurance

• Order and Notice for Parent

Information Program

• Affidavit of Minor Children

• Notice Regarding Creditors

• Parenting Plan

• Child Support Worksheet

Set 3 – copies for you:

• Summons

• Preliminary Injunction

• Petition for Dissolution of

Marriage…

• Notice of Right to Convert Health

Insurance Order and Notice for Parent

Information Program

• Affidavit of Minor Children

• Notice Regarding Creditors

• Parenting Plan

Child Support Worksheet

Step 5: File the papers at the court:

Go to the Clerk of Superior Court filing counters at one of the following locations: The

Court is open from 8:00 a.m.-5:00 p.m., Monday-Friday. You should go to the Court at

least two hours before it closes.

Clerk of Superior Court Clerk of Superior Court

Central Court Building Southeast Court Complex

201 West Jefferson, 1st floor 222 East Javelina Avenue, 1st floor

Phoenix, Arizona 85003 Mesa, Arizona 85210

Clerk of Superior Court Clerk of Superior Court

Northwest Court Complex Northeast Regional Court Center

14264 West Tierra Buena Lane 18380 North 40

th

Street

Surprise, Arizona 85374 Phoenix, Arizona 85032

Fees: A list of current fees is available from the Law Library Resource Center and the

Clerk of Superior Court’s website.

If you cannot afford the filing fee and/or the fee for having the papers served by the

Sheriff or by publication, you may request a deferral (payment plan) when you file your

papers with the Clerk of Superior Court. Deferral Applications are available at no charge

from the Law Library Resource Center.

Hand all three (3) sets of your court papers to the Clerk of Superior Court along with

the filing fee. Make sure you get the following back from the Clerk of Superior Court:

your set of copies, and your spouse’s set of copies.

Step 6: Read the packet at the Law Library Resource Center called Part 2 “Service of Court

Papers” that applies to your situation. This will explain how to serve the other party.

Remember to file your Affidavit or Acceptance of Service as soon as your spouse is

served.

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case No.

Petitioner / Party A

ATLAS No.

Respondent / Party B

FAMILY DEPARTMENT SENSITIVE DATA

COVERSHEET WITH CHILDREN

(CONFIDENTIAL RECORD)

Fill out. File with Clerk of Superior Court. Social Security Numbers should appear on this form only and

should be omitted from other court forms. Access Confidential pursuant to ARFLP 43.1(f).

A. Personal Information:

Petitioner / Party A

Respondent / Party B

Name

Gender

Male or Female Male or Female

Date of Birth (Month/Day/Year)

Social Security Number

Warning: DO NOT INCLUDE MAILING ADDRESS ON THIS FORM IF REQUESTING ADDRESS PROTECTION

Mailing Address

City, State, Zip Code

Contact Phone

Receive texts from Court to

contact phone number above?

Yes No texts Yes No texts

Email Address

Current Employer Name

Employer Address

Employer City, State, Zip Code

Employer Telephone Number

Employer Fax Number

B. Child(ren) Information:

Child Name

Gender

Child Social Security Number

Child Date of Birth

C. Type of Case being filed: Mark only one (1) category below. (*) Mark this box only if no other case type applies.

Dissolution (Divorce) Paternity

Order of Protection

Legal Separation

*

Legal Decision-Making

/ Parenting Time

Register Foreign Order

Annulment

*Child Support

Other

D. Do you need an interpreter? Yes or No. If Yes, what language? _____________________

DO NOT COPY this document. DO NOT SERVE THIS DOCUMENT to the other party.

For Clerk’s Use Only

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Name of Petitioner / Party A

SUMMONS

And

Name of Respondent / Party B

WARNING: This is an official document from the court that affects your rights. Read this carefully.

If you do not understand it, contact a lawyer for help.

FROM THE STATE OF ARIZONA TO:

Name of Opposing Party

1. A lawsuit has been filed against you. A copy of the lawsuit and other court papers are served on you

with this “Summons.”

2. If you do not want a judgment or order entered against you without your input, you must file a written

“Answer” or a “Response” with the court, and pay the filing fee. Also, the other party may be granted

their request by the Court if you do not file an “Answer” or “Response”, or show up in court. To file

your “Answer” or “Response” take, or send, it to the:

 Office of the Clerk of Superior Court, 201 West Jefferson Street, Phoenix, Arizona 85003-2205 OR

 Office of the Clerk of Superior Court, 18380 North 40

th

Street, Phoenix, Arizona 85032 OR

 Office of the Clerk of Superior Court, 222 East Javelina Avenue, Mesa, Arizona 85210-6201 OR

 Office of the Clerk of Superior Court, 14264 West Tierra Buena Lane, Surprise, Arizona 85374.

After filing, mail a copy of your “Response” or “Answer” to the other party at their current address.

For Clerk’s Use Only

Case No.:

Case No.

3. If this “Summons” and the other court papers were served on you by a registered process server

or the Sheriff within the State of Arizona, your “Response” or “Answer” must be filed within

TWENTY (20) CALENDAR DAYS from the date you were served, not counting the day you were

served. If you were served by “Acceptance of Service” within the State of Arizona, your “Response”

or “Answer” must be filed within TWENTY (20) CALENDAR DAYS from the date that the “Acceptance

of Service was filed with the Clerk of Superior Court. If this “Summons” and the other papers were

served on you by a registered process server or the Sheriff outside the State of Arizona, your

Response must be filed within THIRTY (30) CALENDAR DAYS from the date you were served, not

counting the day you were served. If you were served by “Acceptance of Service” outside the State

of Arizona, your “Response” or “Answer” must be filed within THIRTY (30) CALENDAR DAYS from

the date that the “Acceptance of Service was filed with the Clerk of Superior Court. Service by a

registered process server or the Sheriff is complete when made. Service by Publication is complete

thirty (30) days after the date of the first publication.

4. You can get a copy of the court papers filed in this case from the Petitioner at the address listed at

the top of the preceding page, or from the Clerk of Superior Court's Customer Service Center at:

 601 West Jackson, Phoenix, Arizona 85003

 18380 North 40

th

Street, Phoenix, Arizona 85032

 222 East Javelina Avenue, Mesa, Arizona 85210

 14264 West Tierra Buena Lane, Surprise, Arizona 85374.

5. If this is an action for dissolution (divorce), legal separation or annulment, either or both spouses

may file a Petition for Conciliation for the purpose of determining whether there is any mutual

interest in preserving the marriage or for Mediation to attempt to settle disputes concerning legal

decision-making (legal custody) and parenting time issues regarding minor children.

6. Requests for reasonable accommodation for persons with disabilities must be made to the division

assigned to the case by the party needing accommodation or his/her counsel at least three (3)

judicial days in advance of a scheduled proceeding.

7. Requests for an interpreter for persons with limited English proficiency must be made to the division

assigned to the case by the party needing the interpreter and/or translator or his/her counsel at least

ten (10) judicial days in advance of a scheduled court proceeding.

SIGNED AND SEALED this date

CLERK OF SUPERIOR COURT

By

Deputy Clerk of Superior Court

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer OR Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case Number:

Name of Petitioner/Party A

PRELIMINARY INJUNCTION

AND

Name of Respondent/Party B

Warning: This is an official Order from the court. It affects your rights. Read this Order

immediately and carefully. If you do not understand it, contact a lawyer for help.

Your spouse has filed a Petition for Dissolution (Divorce) or Petition for Annulment or Petition for

Legal Separation with the court. This Order is made at the direction of the Presiding Judge of the

Superior Court of Arizona in Maricopa County. This Order has the same force and effect as any

order signed by the judge. You and your spouse must obey this Order. This Order may be enforced

by any remedy available under the law, including an Order of Contempt of Court. To help you

understand this Order, we have provided this explanation. Read the explanation and then read the

statute itself. If you have any questions, you should contact a lawyer for help.

EXPLANATION: (What does this Order mean to you?)

1. ACTIONS FORBIDDEN BY THIS ORDER: From the time the Petition for Dissolution

(Divorce) or Petition for Annulment or Petition for Legal Separation is filed with the court,

until the judge signs the Decree, or until further order of the court, both the Petitioner and

the Respondent shall not do any of the following things:

 You may not hide earnings or community property from your spouse, AND

 You may not take out a loan on the community property, AND

For Clerk’s Use Only

Case No.

 You may not sell the community property or give it away to someone, UNLESS you

have the written permission of your spouse or written permission from the court.

The law allows for situations in which you may need to transfer joint or community

property as part of the everyday running of a business, or if the sale of community

property is necessary to meet necessities of life, such as food, shelter, or clothing, or

court fees and attorney fees associated with this action. If this applies to you, you

should see a lawyer for help, AND

 Do not harass or bother your spouse or the children, AND

 Do not physically abuse or threaten your spouse or the children, AND

 Do not take the minor children, common to your marriage, out of the State of

Arizona for any reasons, without a written agreement between you and your spouse

or a Court Order, before you take the minor children out of the State.

 Do not remove, or cause to be removed, the other party or the minor children of the

parties from any existing insurance coverage, including medical, hospital, dental,

automobile and disability insurance. Both parties shall maintain all insurance

coverage in full force and effect.

STATUTORY REQUIREMENTS: Arizona Law, A.R.S. § 25-315(A) provides:

1(a). RESTRICTIONS ON PROPERTY OF THE MARRIAGE: That both parties are enjoined

from transferring, encumbering, concealing, selling, or otherwise disposing of any of the

joint, common or community property of the parties, except if related to the usual course of

business, the necessities of life, or court fees and reasonable attorney fees associated with an

action filed under this article, without the written consent of the parties or the permission of

the court.

1(b). REQUIREMENTS OF BEHAVIOR: That both parties are enjoined from molesting,

harassing, disturbing the peace, or committing an assault or battery on, the person of the

other party or any natural or adopted child of the parties.

1(c). RESTRICTIONS ABOUT YOUR MINOR CHILDREN: That both parties are enjoined

from removing any natural or adopted minor child(ren) of the parties, then residing in

Arizona, from this state without the prior written consent of the parties or the permission of

the court.

1(d). RESTRICTIONS ABOUT INSURANCE: That both parties are enjoined from removing, or

causing to be removed, the other party or the minor children of the parties from any existing

insurance coverage, including medical, hospital, dental, automobile and disability insurance.

Both parties shall maintain all insurance coverage in full force and effect.

2. EFFECTIVE DATE OF THIS ORDER: This Order is effective against the person who filed

for divorce, annulment, or legal separation (the Petitioner) when the Petition was filed with

the court. It is effective against the other party (the Respondent) when it is served on the

other party, or on actual notice of the Order, whichever is sooner. This Court Order is

effective until a final Decree of Dissolution, Legal Separation, or Annulment is filed or the

action is dismissed.

Case No.

3. ORDER TO PETITIONER: You must serve a copy of this Order upon the Respondent,

along with a copy of the Petition for Dissolution, Annulment or Legal Separation, the

Summons, and other required court papers.

4. WARNING: This is an official Court Order. If you disobey this Order, the court may find

you in contempt of court. You may also be arrested and prosecuted for the crime of

interfering with judicial proceedings and any other crime you may have committed by

disobeying this Order.

5. LAW ENFORCEMENT: You or your spouse may file a certified copy of this Order with

your local law enforcement agency. You may obtain a certified copy from the Clerk of

Superior Court that issues this Order. If any changes are made to this Order and you have

filed a certified copy of this Order with your local law enforcement agency, you must notify

them of the changes. If you are the person that brought this action, you must also file

evidence with the law enforcement agency that this Order was served on your spouse.

6. DESCRIPTION OF THE PARTIES:

Petitioner:

Name: Gender: Male Female

Height: Weight:

Driver’s License (last 4 nos.)

Date of Birth:

Respondent:

Name: Gender: Male Female

Height: Weight:

Driver’s License (last 4 nos.)

Date of Birth:

GIVEN UNDER MY HAND AND THE SEAL OF THE COURT this day of

, .

CLERK OF SUPERIOR COURT

By: ,

Deputy Clerk

COM

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer OR Attorney for Petitioner OR Respondent

SUP

ERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case Number:

Petitioner/Party A

ATLAS Number:

(if applicable)

PETITION

FOR DISSOLUTION OF A

NON-COVENANT MARRIAGE

Respondent/Party B (DIVORCE) WITH MINOR

CHILDREN

STATEMENTS TO THE COURT, UNDER OATH OR AFFIRMATION:

1. INFORMATION ABOUT ME:

Name:

Address:

Date of Birth:

Job Title:

I have lived in Arizona for years and/or months

2. INFORMATION ABOUT MY SPOUSE:

Name:

Address:

Date of Birth:

Job Title:

My spouse has lived in Arizona for years and/or months

For Clerk’s Use Only

Case No.

COM

3. INFORMATION ABOUT OUR MARRIAGE:

Date of Marriage:

City and state or country where we were married:

The following statements MUST BE TRUE for you to use this document and to qualify for

divorce in Arizona AND you must check the boxes to indicate that the statements are true or

your case may not proceed.

We do not have a covenant marriage (If not sure, refer to the INSTRUCTIONS for

information).

Our marriage is broken beyond repair (“irretrievably broken”) and there is no hope of

reconciliation.

We have tried to resolve our problems through Conciliation Services or going to

Conciliation Services would not work.

This Court has jurisdiction to determine parenting time and authority for legal

decision-making over our minor child(ren) common to the parties because the minor

child(ren) has/have lived with Party A or Party B in Arizona for at least the past 6

months.

4. VENUE: (Check here if the following statement is true):

This is the proper court to bring this lawsuit under Arizona law because it is the county

of residence of either party or of the minor children.

5. 90 DAY REQUIREMENT: (This statement MUST be true before you can file for divorce

in Arizona.)

I OR my spouse have lived in Arizona or have been stationed in Arizona while a

member of the Armed Forces, for at least 90 days before I filed this action.

6. DOMESTIC VIOLENCE: (If you intend to ask for joint legal decision-making authority,

there must have been no significant domestic violence in your marriage. A.R.S. § 25-403.03.

Check the box to make a true statement:

Significant domestic violence has or has not occurred during this marriage.

7. CHILDREN OF THE PARTIES WHO ARE LESS THAN 18 YEARS OLD:

There are no children under the age of 18 either born to, or adopted by, Party A or

Party B.

Listed below are children still under the age of 18 born to or adopted by my spouse and me

during our marriage, or where indicated, born before the marriage.

Case No.

COM

Child’s Name:

Birthdate: Born prior to marriage

Address:

Length of Time at Address:

Child’s Name:

Birthdate: Born prior to marriage

Address:

Length of Time at Address:

Child’s Name:

Birthdate: Born prior to marriage

Address:

Length of Time at Address:

Child’s Name:

Birthdate: Born prior to marriage

Address:

Length of Time at Address:

Child’s Name:

Birthdate: Born prior to marriage

Address:

Length of Time at Address:

8. PREGNANCY and PATERNITY: (Check one box.)

Party A IS NOT pregnant, OR Party B IS NOT pregnant, OR

Party A IS pregnant, OR Party B IS pregnant

The baby is due on (date), (and, check one box below):

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Party A and Party B ARE the parents of the child, OR

Party A or Party B IS NOT the parent of the child, OR

A minor child or minor children were born before the marriage.

Party A and/or Party B is/are the parent(s) of that minor child/those minor

children named below:

9. INFORMATION ABOUT PROPERTY AND DEBTS:

WARNING: You must be specific. You must describe the property that should go to you,

and then check the box, and describe the property that should go to your spouse, and check

the box. For example, under household furnishings you could say, blue and white living

room sofa, and then check the box to say whether it should go to Party A or to Party B. Never

list an item and then check both Party A and Party B boxes.

9.a. COMMUNITY PROPERTY: (Property acquired during the marriage)

(Check the proper boxes.)

Party A and Party B did not acquire any community property during the marriage,

OR

Party A and Party B acquired community property during our marriage, and we

should divide it as follows:

Party A Party B Value

Real estate located at:

$

Legal Description: (Quote from the DEED)

Party A Party B Value

Real estate located at:

$

Legal Description: (Quote from the DEED)

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Household furniture and appliances: Party A Party B Value

$

Household furnishings: Party A Party B Value

$

Other items: Party A Party B Value

$

Pension/retirement fund/profit sharing/stock plan/401K:

Party A Party B Value

$

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Motor vehicles: Party A Party B Value

Make $

Model Year

VIN

Lien Holder

Party A Party B Value

Make $

Model Year

VIN

Lien Holder

9.b. SEPARATE PROPERTY: (Check all boxes that apply.)

Party A does not have any separate property.

Party B does not have any separate property.

Party A has separate property that was brought into this marriage. Award this property

to Party A as described below.

Party B has separate property that was brought into this marriage. Award this property

to Party B as described below.

S

eparate Property: (List the property and the value of the property, and check the box

to tell the Court who should get the property.)

Description

of Separate Property Party A Party B Value

$

9.

c. COMMUNITY DEBTS: (Debt acquired during the marriage) (Check the proper

boxes)

Party A and Party B did not incur any community debts during the marriage, OR

Party A and Party B should divide the responsibility for the debts incurred during the

marriage as follows:

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DESCRIPTION OF DEBT Party A Party B Amount Owed

$

9.d. SEPARATE DEBTS: (Check all boxes that apply.)

Party A and Party B do not have any debts that were incurred prior to the marriage or

separate debt;

Party A has separate debt or debt incurred prior to the marriage that should be paid

by Party A as described below;

Party B has separate debt or debt that Party B incurred prior to the marriage that

should be paid by Party B as described below.

DESCRIPTION OF DEBT Party A Party B Amount Owed

$

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

After the Judge or Commissioner signs the Decree of Dissolution of Marriage

(Divorce), we will, subject to IRS Rules and Regulations, pay federal and state taxes

as follows: For the calendar year (the year that the Decree is signed) and all future

calendar years, each party will, subject to IRS Rules and Regulations, file separate

federal and state income tax returns. Each party will give the other party all necessary

documentation to do so.

For previous years (the years we were married, not including the year the Decree was

signed), (check one box)

The parties will file joint federal and state income tax returns. For previous

calendar years, both parties will pay, and hold the other harmless from, 1/2 of

all additional income taxes if any and other costs and each will share equally

in any refunds. OR

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The parties will file separate federal and state income tax returns. For previous

calendar years, each party will pay and hold the other harmless from any

income taxes and/or incurred as a result of the filing of that party’s tax return

and each party will be awarded 100% of any refund received as a result of the

filing of that party’s tax return.

11. SPOUSAL MAINTENANCE/SUPPORT (ALIMONY) (check the box that applies to you):

Neither party is entitled to spousal maintenance/support (alimony), OR

Party A OR Party B is entitled to spousal maintenance/support because: (Check

one or more of the box(es) on the next page that apply. At least one reason must apply

to get spousal maintenance/support.)

Party A, OR Party B

Lacks sufficient property, including property apportioned to the spouse,

to provide for that spouse’s reasonable needs.

Lacks earning ability in the labor market that is adequate to be self-

sufficient.

Is the parent of a child whose age or condition is such that the parent

should not be required to seek employment outside the home.

Has made a significant financial or other contribution to the education,

training, vocational skills, career, or earning ability of the other spouse

or has significantly reduced that spouse’s income or career

opportunities for the benefit of the other spouse.

Had a marriage of long duration and is of an age that may preclude the

possibility of gaining employment adequate to be self-sufficient.

12. WRITTEN AGRE

EMENT: (Check box only if true.)

Party A and Party B have a written agreement signed by both of us about the

maintenance of a spouse, division of property/debt, where the children will live, legal

decision-making, parenting time, and child support, and I have attached a copy of the

written agreement.

OTHER STATEMENTS TO THE COURT

13. THE PARENT INFORMATION PROGRAM is required for persons seeking legal decision-

making or parenting time. (Check one box.)

I have have not already completed the Parenting Information Program.

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14. DOMESTIC VIOLENCE: (If you intend to ask for joint legal decision-making, check one

box.)

Domestic Violence has not occurred in this relationship.

There has been domestic violence in this relationship and no legal decision-making

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 parent who has committed domestic violence because:

(Explain.)

15. DRUG/ALCOHOL CONVICTION WITHIN LAST TWELVE MONTHS: (If you intend

to ask for joint legal decision-making, 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.

Party A was convicted. Party B was convicted.

The legal decision-making and parenting time arrangement I am requesting

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

appropriately protects the minor child(ren).

16. 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 order child support in this case along with legal decision-making and

parenting time.

Party A Party B made voluntary/direct support payments that need to

be taken into account, if past support is requested.

Party A Party B owes past support for the period between:

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the date this 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 this petition was filed and the date current child support

is ordered.

Title IV-D program or Temporary Assistance for Needy Families (TANF) Programs:

Does not apply.

Party A Party B is applying for or currently receiving TANF or services

from the Arizona Title IV-D program. NOTE: If one or both of the parties is

or will be receiving TANF or Title IV-D support, you must obtain the Attorney

General or county attorney approval by signature on the Final Order before

you file it.

17. 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.

REQUESTS TO THE COURT:

A. DISSOLUTION (DIVORCE):

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

RESTORE NAME:

I 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: (List complete maiden or legal name before this marriage):

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.

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B. PATERNITY and MINOR CHILD(REN)’S NAMES: Declare Party A or Party B to

be a legal parent of the following named minor child(ren) born before the marriage and

(optional) change the legal name of those minor children to the name listed on the right,

below:

Current Legal Name (OPTIONAL) Change the name of the child to:

C. PRIMARY RESIDENCE, PARENTING TIME, AND AUTHORITY FOR LEGAL

DECISION- MAKING:

C.1. PRIMARY RESIDENCE: Declare the “Primary Residence” for each minor child as

follows:

Neither party’s home is designated as the primary residence for the minor

child(ren)

Declare Party A’s home as the primary residence for the following named

children:

Declare Party B’s home as the primary residence for the following named

children:

C.2. PARENTING TIME: Award parenting time as follows:

Reasonable parenting time as set forth in the Parenting Plan filed with this

Petition, OR

Supervised parenting time between the children and, Party A or

Party B OR

No parenting time rights to Party A or Party B

Supervised or no parenting time is in the best interests of the child(ren) because:

Explanation continues on attached pages made part of this document by

reference.

a. Name this person to supervise:

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b. Restrict parenting time as follows:

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

Party A

Party B, OR

Shared equally by the parties.

C.3. AUTHORITY FOR LEGAL DECISION-MAKING: Award legal authority to make

decisions concerning the child(ren) as follows:

AWARD SOLE AUTHORITY FOR LEGAL DECISION-MAKING to:

Party A or Party B

OR

AWARD JOINT LEGAL DECISION-MAKING AUTHORITY to BOTH

PARENTS.

Party A and Party B will act as joint legal decision makers concerning the

minor child(ren).

(For the court to order “joint” legal decision-making, there must have been no

“significant” domestic violence according to Arizona law, A.R.S. § 25-

403.03).

Provisions for LEGAL DECISION-MAKING and PARENTING TIME to be

within or attached to the Decree as a Parenting Plan. (Rule 45 (c)(1))

D. CHILD SUPPORT:

1. Order that child support will be paid by: Party A OR Party B in a reasonable

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 the payments, plus the statutory handling

fee to be paid through the Support Payment Clearinghouse, PO Box 52107, Phoenix,

Arizona 85072-7107 by income withholding order.

2. Order that past child support be paid by Party A OR Party B 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. Support to be paid as defined above.

The Child Support Order to be attached to the Decree of Dissolution of Marriage.

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E. MEDICAL, DENTAL, VISION CARE FOR MINOR CHILDREN: Order that

Party A is responsible for providing: medical dental vision care insurance.

Party B is responsible for providing: medical dental vision care insurance.

Party A

and Party B will pay for all reasonable unreimbursed medical, dental, and health-

related expenses incurred for the child(ren) in proportion to their respective incomes.

F

. 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.

The parties will clai

m the children as income tax dependency exemptions on federal and

state income tax returns as follows:

Parent entit

led to claim Name of minor child in Tax Year

Party A Party B

Pattern shall repeat for subsequent years.

G. SP

OUSAL MAINTENANCE (ALIMON

Y):

Do not order Spousal maintenance

Order spousal support to be paid by Party A or Party B 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 person receiving spousal

maintenance remarries or either party is deceased, or for a period of

months. These payments, and a fee for handling, will be paid through the Support

Payment Clearinghouse, PO Box 52107, Phoenix, Arizona 85072-7107 by income

withholding order.

H. COMMUNITY PROPERTY: Make a fair division of all community property as requested

in this Petition.

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I. 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 Party A or Party B:

since the parties’ separation on (date) or

the date my spouse was served with the Petition for Dissolution.

J. S

EPARATE PROPERTY:

Award Party A’s separate property to Party A.

Award Party B’s separate property to Party B.

K. S

EPARATE DEBT. Order each party to pay separate debt and hold the other party harmless

from debts incurred during the marriage.

L. OTHER ORDERS I AM REQUESTING (Explain request here):

OATH OR

AFFIRMATION AND VERIFICATION

I

swear or affirm that the information on this document is true and correct under penalty of perjury.

Signature Date

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(Notarial Officer’s Stamp or Seal) Notarial Officer

Approved by Arizona Department of Insurance DRD16f 043021

NOTICE OF YOUR RIGHTS ABOUT HEALTH INSURANCE COVERAGE WHEN

A PETITION FOR DISSOLUTION (DIVORCE) IS FILED

(A.R.S. §20-1377 and §20-1408)

Petitioner/Party A: Case #:

Respondent/Party B:

Warning: This is an important legal notice. Your rights to health insurance coverage could

be affected after your divorce is final. Read this notice carefully. If you do not understand

this notice, you should call an attorney for advice about your legal rights and obligations.

IMPORTANT INFORMATION IF YOU ARE ON YOUR SPOUSE'S INSURANCE

PLAN: When a Petition for Dissolution of Marriage (papers for a divorce decree) is filed,

you and/or your children may continue to be covered under your spouse's health insurance

policy. Arizona law allows the dependent spouse and/or children to continue to be covered,

but you must take some steps to protect your rights.

WHAT INSURANCE COVERAGE APPLIES TO YOU, AND HOW TO GET IT: If you

are covered by your spouse's health insurance, and you want to continue to be covered after

the divorce is final, you must contact the insurance company as soon as possible, and you

must start to pay the monthly insurance premium within 31 days of the date the insurance

would otherwise stop.

If you decide you want to be covered, the insurer can choose whether to continue coverage

under the current policy, or to change the policy to your name. If the policy is changed to

your name, it is called a "converted"; policy. If the policy is converted by the insurer, the

insurer must provide you the same or the most similar level of coverage available, unless

you ask for a lower level of coverage.

WHAT COVERAGE APPLIES TO YOUR CHILDREN: If you choose to continue

coverage as a dependent spouse, you can also choose to continue coverage for your

dependent children if you are responsible for their care or support.

For Clerk’s Use Only

Approved by Arizona Department of Insurance DRD16f 043021

PREEXISTING CONDITIONS OR EXCLUSIONS FROM INSURANCE COVERAGE:

Whether the insurance is continued or converted, the insurance must be provided to you

without proof of insurability and without exclusions for coverage other than what was

previously excluded before the insurance was continued or converted.

LIMITS ON RIGHTS TO INSURANCE COVERAGE FOR YOU AND YOUR

CHILDREN: You may not be entitled to continued or converted coverage if you are eligible

for Medicare or for coverage by other similar types of insurance which together with the

continued coverage would make you over-insured. However, dependent children of a person

who is eligible for Medicare may be covered by a continuance or a conversion. If you have

questions about coverage, check with the insurer and/or the spouse's employer.

OTHER OPTIONS FOR COVERAGE: Divorce is considered to be a life changing event

that, under the federal

Consolidated Omnibus Budget Reconciliation Act ("COBRA"), may

qualify you and/or your dependents with the

right to continue health coverage under the

spouse's group plan, if the employer has 20 or more employees. To

find out more about

your COBRA rights, you can visit the United States Department of Labor ("USDOL")

website

at https://www.dol.gov/ and search for COBRA, or you can call the USDOL at 1-

866-487-2365. Divorce is also

a life-changing event under the federal Affordable Care

Act, which qualifies you and/or your dependents for a

special enrollment period to obtain

an individual health insurance policy regardless of any health conditions.

Additional

information is available at https://www.healthcare.gov/ or by calling 1-800-318-2596.

Warning to the spouse filing the petition for dissolution (Divorce): This Notice must be

served on your spouse together with the Petition for Dissolution, the Summons, and the

Preliminary Injunction.

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case Number:

Name of Petitioner / Party A

ORDER AND NOTICE TO

ATTEND PARENT

INFORMATION PROGRAM

CLASS

Name of Respondent / Party B

THIS IS AN OFFICIAL COURT ORDER. IF YOU FAIL TO OBEY THIS ORDER,

THE COURT MAY FIND YOU IN CONTEMPT OF COURT.

THE COURT FINDS:

This case in

volves minor child(ren) and is an action for:

Dissolution of Marriage

Annulment

Legal Separation

Paternity with a Request to Determine Legal Decision-Making Authority (Custody) or

Parenting Time or Child Support

Request to Determine Legal Decision-Making Authority (Custody) or Parenting Time

or Support

THE COU

RT ORDERS pursuant to ARS § 25-352:

1. Attend clas

s. You must attend and complete the Parent Information Program (PIP) Class.

2. Within

45 days. Both Party A and Party B must complete this class within 45 days from the

date the Petition is served. The Party served with the Petition must register for and compl

ete

the course

whether or not a Response/Answer to the Petition/Complaint is filed.

3. Pay the clas

s fee. Each party must pay the class fee to the Program Provider.

*If the court fees in your Family Department case have been deferred or waived, yo

u

are eligible to have the

PIP program fees deferred or waived, respectively. You must

provide documentation of your deferral or waiver to the PIP program provider at

the

time you re

gister for the class.

Case No: _____________________

4. Certificate of completion. Upon your completion of the class the provider for the class will

e-file a certificate with the court indicating that you have completed the class. Only approve

d

providers

will be able to e-file a certificate.

5. Failure to attend class. If you file a Petition/Complaint or Response/Answer and do not

complete the Parent Information Program Class, the judge may not sign your papers and you

may not get the things you asked the court to give you. You may also be denied the right to

seek modification and/or enforcement of the decree/judgment/order until completion of the

class. If you are the party required to file a Response/Answer and choose not to file a

Response/Answer, and do not complete the Parent Information Program Class, you may be

denied the right to seek modification and/or enforcement of the decree/judgment/order until

completion of the class

.

/s/ Ronda R. Fisk

Presiding Judge, Family Department

Case No: _____________________

Parent Information Program Notice

A

ttendance is required (A.R.S. § 25-352). You and the other parent must attend and complete a class

in the Parent Information Program. As a precaution against any type of abuse or harassment, you

and the other parent must attend separate classes. You may each take the class from the same agency,

but not at the same time. This is not a parenting skills class. The purpose of the program is to give

parents information about how children are affected by matters that involve divorce, paternity, legal

decision-making (custody) and/or parenting time. This Notice applies to all parents who file any of

the following actions.

● Dissolutio

n of marriage or legal separation that involves a natural or adopted mi

nor

child common to the parties OR

● Paternity with a request that the court determine legal decision-making authority

(custody),

parenting time or child support, OR

●

Any other domestic relations/family cases if attendance is ordered by the court.

If you do n

ot attend the parent information class, the judge may not sign your papers and you may

not get what you asked from the court. The judge may also find you in contempt of court.

Notice to the other parent. After you file your court papers, you must serve the Order and Notice on

the other parent. If you have questions on how to serve the other parent, the Superior Court Law

Library Resource Center locations have forms and instructions available.

(https://superiorcourt.maricopa.gov/llrc/court-forms/

).

East Court Building Southeast Court Complex

101 West Jefferson Street, 1st floor 222 East Javelina Avenue,1st floor

Phoenix, Arizona 85003 Mesa, Arizona 85210

Northwest Court Complex Northeast Regional Court Center

14264 West Tierra Buena Lane 18380 North 40

th

Street

Surprise, Arizona 85374 Phoenix, AZ 85032

Approved parent information program classes in Maricopa County. You may choose which class

you want to attend. The court will not assign you to attend a specific class. Court-approved provider

classes are available in both English and Spanish. You can register for your class by contacting one

of the providers listed below. If you wish to be excused from the requirement to take this class for

some reason or to take a class from a provider that is not one of the “Approved Parent Information

Program classes” listed below, you must receive prior authorization from the Judicial Officer

assigned to your case.

Case No: _____________________

Disclaimer. The court does not recommend using one program provider over another. Provider fees

for this program cannot exceed $50.

Cost. You are required to pay the provider the class fee. If the court fees in your Family

Department case have been waived or deferred, you are also able to obtain a fee waiver or

deferral of the Parent Information Class. Please contact the provider regarding the required

documentation for a waiver or deferral.

Special needs o

r accommodations. If, due to a disability or language need, you have difficulty

finding a Parent Information Program class that can accommodate your needs, please contact Family

Department Administration at 602-506-1561 for assistance.

Classroom

procedures. ●

Arrive

ten minutes before the star

t time

●

Bring picture identification, if you don’t present a photo ID,

you will not be admitted to the class

● Bring your case number

● Do not bring children,

Positive Parenting Online

English and Spanish

http://maricopacoparenting.com/

Email: support@positiveparentingonline.com

954-478-2062

AZ.OnlineParentingPrograms.com

English: AZ.OnlineParentingPrograms.com

Español: AZ.OnlineParentingPrograms.com/es

Email: Support@OnlineParentingPrograms.com

866-504-2883 (6 am - 6 pm M-F MST)

Online Chat (6 am - 4 pm M-F MST)

Certevia

®

Parenting and Divorce for

Married and Never Married Parents

https://www.maricopaparentingclass.com/

Email: ep@certevia.com

800-767-8193

Children In-Between Online

https://www.divorce-education.com/az/maricopa/

Niños En Medio En Linea

https://online.divorce-education.com/es

Families in Transition

English and Spanish

https://www.families-in-transition.com

480-946-9680

Español: 602-451-4046

Case No: _____________________

● You must check in to the class and check out. Failure to check

in and out of the class may result in your attendance not being

counted.

Online procedures. ● Find a time and a place free of distractions

● Have your case number and credit card available

● Make sure the technical requirements of the program match

your device

● You d

o not have to take the entire class at o

nce. The

computer re

members where you left off. You may get m

ore out

of the class

if you break it up into several settings.

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case Number:

Name of Petitioner

ATLAS Number:

(if applicable)

AFFIDAVIT REGARDING

MINOR CHILDREN

Name of Respondent

NOTICE: This “Affidavit Regarding Minor Children” is required for all legal decision making

(custody) cases. If you are asking to modify an existing Arizona legal decision making (custody)

order, it is only required if the children have lived outside the state at some time in the last 5

years.

Fill out this Affidavit completely, and provide accurate information. Use additional paper if

necessary. You must give copies of this Affidavit and all other required documents to the other

party, and to the judge.

1. CHILDREN OF THE PARTIES WHO ARE UNDER 18 YEARS OLD. The following

child(ren) are under age 18 and were born to, or adopted by, me and the other party.

Name: Name:

Birthdate: Age: Birthdate: Age:

Name: Name:

Birthdate: Age: Birthdate: Age:

For Clerk’s Use Only

AFC

Case No. __________________

2. INFORMATION REGARDING WHERE THE CHILDREN UNDER 18 YEARS OLD

HAVE LIVED FOR THE LAST 5 YEARS (or since birth, if younger than 5).

Child’s Name: Dates: From To

Address: Lived with:

City, State: Relationship to Child:

Child’s Name: Dates: From To

Address: Lived with:

City, State: Relationship to Child:

Child’s Name: Dates: From To

Address: Lived with:

City, State: Relationship to Child:

3. COURT CASES IN WHICH I HAVE BEEN A PARTY/WITNESS THAT INVOLVED THE

LEGAL DECISION MAKING (CUSTODY) AND/OR PARENTING TIME OF THE

MINOR CHILD(REN). (Check one box.)

I have or I have not been a party/witness in court in this state or in any other state that involved

the legal decision making (custody) and/or parenting time of the child(ren) named above. (If so, explain

on separate paper. If not, go on.)

Name of each child:

Name of Court: Court Location:

Court Case Number: Current Status:

How the child is involved:

Summary of any Court Order:

4. INFORMATION REGARDING PENDING COURT CASES RELATED TO THE

LEGAL DECISION-MAKING AUTHORITY (CUSTODY) OF THE MINOR CHILD(REN).

(Check one box.)

I do have or I do not have information about a legal decision making (custody) court case

AFC

Case No. __________________

relating to any of the children named above that is pending in this state or in any other state. (If so,

explain. If not, go on.)

Name of each child:

Name of Court: Court Location:

Court Case Number: Current Status:

How the child is involved:

Summary of any Court Order:

5. LEGAL DECISION-MAKING (CUSTODY) OR PARENTING TIME CLAIMS OF ANY

PERSON. (Check one box.)

I do know or I do not know a person other than the Petitioner or the Respondent who has

physical custody or who claims legal decision-making (custody) or parenting time rights to any of the

children named in this Affidavit. (If so, explain below. If not, go on.)

Name of each child:

Name of person with the claim:

Address of person with the claim:

Nature of the claim:

OATH OR AFFIRMATION AND VERIFICATION

I swear or affirm that the information on this document is true and correct under penalty of perjury.

Signature Date

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this: by

(date)

.

(notary seal) Deputy Clerk or Notary Public

AFC

PPL

For Clerk’s Use Only

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

Lawyer’s Bar Number:

Representing Self, without a Lawyer or Attorney for Petitioner or Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case No.

Petitioner/Party A PARENTING PLAN FOR

JOINT LEGAL DECISION-MAKING

Respondent/Party B OR

SOLE LEGAL DECISION-MAKING

INSTRUCTIONS

This document has 4 parts: PART 1) General Information; PART 2) Legal Decision-making and

Parenting Time; PART 3) Danger to Children Notification Statement; and PART 4) Joint Legal

Decision-making Agreement. Where this form refers to “children” it refers to any and all minor

children common to the parties whether one or more.

One or both parents must complete and sign the Plan as follows:

a. If only one parent is submitting the Plan: that parent must sign at the end of PART 2 and 3.

b. If both parents agree to legal decision-making and parenting time arrangements but not to joint

legal decision-making: Both parents must sign the Plan at the end of PART 2 and 3, and the

Affidavits under Section 5.

c. If both parents agree to joint legal decision-making and parenting time arrangements as presented

in the Plan: Both parents must sign the Plan at the end of PARTS 2, 3, and 4, and the Affidavits

under Section 5.

Case No.

PART 1: GENERAL INFORMATION:

A. MINOR CHILDREN. This Plan concerns the following minor children:

(Use additional paper if necessary)

B. THE FOLLOWING LEGAL DECISION-MAKING ARRANGEMENT IS REQUESTED:

(Choose ONE of 1, 2, 3, 4.)

1. SOLE LEGAL DECISION-MAKING BY AGREEMENT.

The parents agree that sole legal decision-making authority should be granted to

Party A Party B.

The parents agree that since each has a unique contribution to offer to the growth and

development of their minor children, each of them will continue to have a full and active

role in providing a sound moral, social, economic, and educational environment for the

benefit of the minor children, as described in the following pages,

OR

2. SOLE LEGAL DECISION-MAKING REQUESTED BY THE PARENT

SUBMITTING THIS PLAN. The parents cannot agree to the terms of legal decision-

making and parenting time. The parent submitting this Plan asks the Court to order sole

legal decision-making authority and parenting time according to this Plan.

OR

3. JOINT LEGAL DECISION-MAKING BY AGREEMENT. The parents agree to joint

legal decision-making and request the Court to approve the joint legal decision-making

arrangement as described in this Plan.

OR

4. JOINT LEGAL DECISION-MAKING AUTHORITY REQUESTED BY THE

PARENT SUBMITTING THIS PLAN.

The parents cannot agree to the terms of legal decision-making and parenting time or are

unable to submit this plan together at this time. My request for joint legal decision-

making authority is deferred for the Court’s determination.

Case No.

PART 2: PARENTING TIME. Complete each section below. Be specific about what you want

the Judge to approve in the court order.

A. (School Year) WEEKDAY AND WEEKEND TIME-SHARING SCHEDULE:

The minor children will be in the care of Party A as follows: (Explain).

The minor children will be in the care of Party B as follows: (Explain).

Other parenting time arrangements are as follows: (Explain).

Transportation will be provided as follows:

Party A or Party B will pick the minor children up at o’clock.

Party A or Party B will drop the minor children off at o’clock.

Parents may change their time-share arrangements by mutual agreement with at least

days’ notice in advance to the other parent.

B. SUMMER MONTHS OR SCHOOL BREAK LONGER THAN 4 DAYS: The weekday and

weekend schedule described above will apply for all 12 calendar months EXCEPT:

During summer months or school breaks that last longer than 4 days, no changes shall be

made. OR,

During summer months or school breaks that last longer than 4 days, the minor children will

be in the care of Party A: (Explain)

During summer months or school breaks that last longer than 4 days, the minor children will

be in the care of Party B:(Explain)

Each parent is entitled to a week period of vacation time with the minor

children. The parents will work out the details of the vacation at least

days in advance.

Case No.

C. TRAVEL

Should either parent travel out of the area with the minor children, each parent will keep the

other parent informed of travel plans, address(es), and telephone number(s) at which that

parent and the minor children can be reached.

Neither parent shall travel with the minor children outside Arizona for longer than

days without the prior written consent of the other parent or order of the

court.

D. HOLIDAY SCHEDULE: The holiday schedule takes priority over the regular time-sharing

schedule as described above. Check the box(es) that apply and indicate the years of the holiday

access/Parenting time schedule.

Holiday

Even Years

Odd Years

New Year’s Eve

Party A

Party B

Party A

Party B

New Year’s Day

Party A

Party B

Party A

Party B

Spring Vacation

Party A

Party B

Party A

Party B

Easter

Party A

Party B

Party A

Party B

4th of July

Party A

Party B

Party A

Party B

Halloween

Party A

Party B

Party A

Party B

Veteran’s Day

Party A

Party B

Party A

Party B

Thanksgiving

Party A

Party B

Party A

Party B

Hanukkah

Party A

Party B

Party A

Party B

Christmas Eve

Party A

Party B

Party A

Party B

Christmas Day

Party A

Party B

Party A

Party B

Winter Break

Party A

Party B

Party A

Party B

Child’s Birthday

Party A

Party B

Party A

Party B

Mother’s Day

Party A

Party B

Party A

Party B

Father’s Day

Party A

Party B

Party A

Party B

Each parent may have the children on his or her birthday.

Three-day weekends which include Martin Luther King Day, Presidents’ Day, Memorial

Day, Labor Day, Columbus Day, the children will remain in the care of the parent who

has the minor children for the weekend.

Case No.

Other Holidays (Describe the other holidays and the arrangement):

Telephone Contact: Each parent may have telephone contact with the minor children

during the children's normal waking hours, OR: (Explain)

Other (Explain):

E. PARENTAL ACCESS TO RECORDS AND INFORMATION: Under Arizona law (A.R.S. §

25-403.06), unless otherwise provided by court order or law, on reasonable request, both parents

are entitled to have equal access to documents and other information concerning the minor

children’s education and physical, mental, moral and emotional health including medical,

school, police, court and other records.

• A person who does not comply with a reasonable request for these records shall reimburse

the requesting parent for court costs and attorney fees incurred by that parent to make the

other parent obey this request.

• A parent who attempts to restrict the release of documents or information by the custodian

of the records without a prior court order is subject to legal sanctions.

F. EDUCATIONAL ARRANGEMENTS:

This Parenting Plan incorporates by reference the following Education Order:

Joint Legal Decision-Making Education Order

Sole Legal Decision-Making Education Order

NOTE: The Education Order you select must match the type of legal decision-making that

you request in this Parenting Plan.

G. MEDICAL AND DENTAL ARRANGEMENTS:

Both parents have the right to authorize emergency medical treatment, if needed, and the

right to consult with physicians and other medical practitioners. Both parents agree to advise

the other parent immediately of any emergency medical/dental care sought for the minor

children, to cooperate on health matters concerning the children and to keep one another

reasonably informed. Both parents agree to keep each other informed as to names, addresses

and telephone numbers of all medical/dental care providers.

Both parents will make major medical decisions together, except for emergency situations

as noted above. (optional)

If the parents do not reach an agreement, then:

Case No.

OR

Major medical/dental decisions will be made by Party A Party B after consulting the

other parent.

H. RELIGIOUS EDUCATION ARRANGEMENTS: (Choose ONE)

Each parent may take the minor children to a church or place of worship of his or her choice

during the time that the minor children is/are in his or her care.

Both parents agree that the minor children may be instructed in the faith.

Both parents agree that religious arrangements are not applicable to this plan.

I. ADDITIONAL ARRANGEMENTS AND COMMENTS:

NOTIFY OTHER PARENT OF ADDRESS CHANGE. Each parent will inform the other

parent of any change of address and/or phone number in advance OR within _______ days

of the change.

NOTIFY OTHER PARENT OF EMERGENCY. Both parents agree that each parent will

promptly inform the other parent of any emergency or other important event that involves

the minor children.

TALK TO OTHER PARENT ABOUT EXTRA ACTIVITIES. Each parent will consult and

agree with the other parent regarding any extra activity that affects the minor children's

access to the other parent.

ASK OTHER PARENT IF HE/SHE WANTS TO TAKE CARE OF CHILDREN. Each

parent agrees to consider the other parent as care-provider for the minor children before

making other arrangements.

OBTAIN WRITTEN CONSENT BEFORE MOVING. Neither parent will move with the

minor children out of the Phoenix metropolitan area without prior written consent of the

other parent, or a court-ordered Parenting Plan. A.R.S. 25-408 (B)

COMMUNICATE. Each parent agrees that all communications regarding the minor

children will be between the parents and that they will not use the minor children to convey

information or to set up parenting time changes.

METHOD OF COMMUNICATION. Each parent agrees to use the following means of

communication:

Case No.

FREQUENCY OF COMMUNICATION. Each parent agrees to communicate regarding the

child(ren) on a regular basis. That communication schedule will be

and will be by the following methods: Phone Email Other

PRAISE OTHER PARENT. Each parent agrees to encourage love and respect between the

minor children and the other parent, and neither parent shall do anything that may hurt the

other parent's relationship with the minor children.

COOPERATE AND WORK TOGETHER. Both parents agree to exert their best efforts to

work cooperatively in future plans consistent with the best interests of the minor children

and to amicably resolve such disputes as may arise.

NOTIFY OTHER PARENT OF PROBLEMS WITH TIME-SHARING AHEAD OF TIME.

If either parent is unable to follow through with the time-sharing arrangements involving

the minor child(ren), that parent will notify the other parent as soon as possible.

PARENTING PLAN. Both parents agree that if either parent moves out of the area and

returns later, they will use the most recent “Parenting Plan/Access Agreement” in place

before the move.

MEDIATION. If the parents are unable to reach a mutual agreement regarding a legal

change to their parenting orders, they may request mediation through the court or a private

mediator of their choice.

NOTICE: Do not deviate from Parenting Plan until dispute is resolved.

Both parents are advised that while a dispute is being resolved, neither parent shall deviate

from this Parenting Plan, or act in such a way that is inconsistent with the terms of this

agreement.

Once this Plan has been made an order of the Court, if either parent disobeys the court

order related to parenting time with the children, the other parent may submit court papers

to request enforcement. See the Law Library Resource Center packets to enforce a court

order.

PART 2: SIGNATURE OF ONE OR BOTH PARENTS (as instructed on page 1)

Signature of Party A: Date:

Signature of Party B: Date:

Case No.

PART 3: STATEMENT REGARDING CONTACT WITH SEX OFFENDERS AND PERSONS

CONVICTED OF DANGEROUS CRIMES AGAINST CHILDREN.

According to A.R.S. §25-403.05, a child’s parent or custodian must immediately

notify the other parent or custodian if the person knows that a convicted or

registered sex offender or someone who has been convicted of a dangerous crime

against children may have access to the child.

The parent or custodian must provide notice (by first class mail, return receipt

requested, by electronic means to an electronic mail address that the recipient

provided) to the parent or custodian for notification purposes or by another form

of communication accepted by the court.

According to A.R.S. § 13-705 (P) (1), “Dangerous crime against children” means any of the following

that is committed against a minor who is under fifteen years of age:

(a) Second degree murder.

(b) Aggravated assault resulting in serious physical injury or involving the discharge, use or

threatening exhibition of a deadly weapon or dangerous instrument.

(c) Sexual assault.

(d) Molestation of a child.

(e) Sexual conduct with a minor.

(f) Commercial sexual exploitation of a minor.

(g) Sexual exploitation of a minor.

(h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.

(i) Kidnapping.

(j) Sexual abuse.

(k) Taking a child for the purpose of prostitution as prescribed in section 13-3206.

(l) Child prostitution as prescribed in section 13-3212.

(m) Involving or using minors in drug offenses.

(n) Continuous sexual abuse of a child.

(o) Attempted first degree murder.

(p) Sex trafficking.

(q) Manufacturing methamphetamine under circumstances that cause physical injury to a

minor.

(r) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2.

(s) Luring a minor for sexual exploitation.

(t) Aggravated luring a minor for sexual exploitation.

(u) Unlawful age misrepresentation.

Case No.

PART 3: SIGNATURE OF ONE OR BOTH PARENTS (as instructed on page 1)

I/We have read, understand, and agree to abide by the requirements of A.R.S. § 25-403.05

concerning notification of other parent or custodian if someone convicted of dangerous crime

against children may have access to the child.

Signature of Party A: Date:

Signature of Party B: Date:

PART 4: JOINT LEGAL DECISION-MAKING AGREEMENT (IF APPLICABLE):

A. DOMESTIC VIOLENCE: Arizona Law (A.R.S. § 25-403.03) states that joint legal decision-

making authority shall NOT be awarded if there either has been “significant domestic violence”

pursuant to A.R.S. § 13-3601 OR “a significant history of domestic violence.”

Domestic Violence has not occurred between the parties, OR

Domestic Violence has occurred between the parties, but one of the following applies: (1) it

has not been “significant domestic violence”; (2) there has not been a “significant history of

domestic violence, (3) and/or domestic violence has been committed by both parties.*

B. DUI or DRUG CONVICTIONS: (A.R.S. § 25-403.04)

Neither party has been convicted of driving under the influence or a drug offense within the

past 12 months, OR

One of the parties HAS been convicted of driving under the influence or a drug offense

within the past 12 months, but the parties feel Joint Legal Decision-making is in the best

interest of the children.*

Case No.

* IF THERE HAS BEEN DOMESTIC VIOLENCE OR A DUI OR DRUG

CONVICTION:

Explain below why Joint Legal Decision-making is still in the best interest of the

children.

C. JOINT LEGAL DECISION-MAKING AGREEMENT: If the parents have agreed to joint legal

decision-making, the following will apply, subject to approval by the Judge:

1. REVIEW: The parents agree to review the terms of this agreement and make any

necessary or desired changes every ________ month(s) from the date of this document.

2. CRITERIA. Our joint legal decision-making agreement meets the criteria required by

Arizona law A.R.S. § 25-403.02, as listed below:

a. The best interests of the minor children are served;

b. Each parent’s rights and responsibilities for personal care of the minor children and

for decisions in education, health care and religious training are designated in this

Plan;

c. A practical schedule of the parenting time for the minor children, including holidays

and school vacations is included in the Plan;

d. A procedure for the exchange(s) of the child(ren) including location and

responsibility for transportation.

e. The Plan includes a procedure for periodic review;

f. The Plan includes a procedure by which proposed changes, disputes and alleged

breaches may be mediated or resolved.

g. A procedure for communicating with each other about the child, including methods

and frequency.

PART 4: SIGNATURES OF BOTH PARENTS REQUESTING JOINT LEGAL DECISION-

MAKING AUTHORITY (as instructed on page 1)

Signature of Party A: Date:

Signature of Party B: Date:

Case No.

This signature page belongs to the form titled “Parenting Plan” and cannot be used with any other

documents.

PART 5: AFFIDAVITS

I declare under penalty of perjury the foregoing is true and correct.

Petitioner’s/Party A’s Signature Date

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this:

(Date)

by .

(Notarial Officer’s Stamp or Seal) Notarial Officer

Respondent’s/Party B’s Signature Date

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this:

(Date)

by .

(Notarial Officer’s Stamp or Seal) Notarial Officer

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer OR Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case No.

(Name of Petitioner/Party A)

JOINT LEGAL DECISION-MAKING

EDUCATION ORDER

(Name of Respondent/Party B)

THE COURT FINDS AS FOLLOWS:

1. The parties have the following minor child(ren) (hereinafter the “minor child(ren)”):

Name: Born:

2. An order regarding legal decision-making and/or parenting time in the best interests of the minor

child(ren) (also referred to as a “Parenting Plan”) was entered by this Court on (insert date)

.

For Clerk’s Use Only

Case Number:

3. A.R.S. § 25-401 defines two different types of legal decision-making. “Joint legal decision-

making” means both parties share decision-making and neither party’s rights or responsibilities

are superior except with respect to specified decisions as set forth by the court or the parties in

the final judgment or order. “Sole legal decision-making” means one party has the legal right and

responsibility to make major decisions for a child. In this case, the Court has awarded joint legal

decision-making to the parties.

4. It furthers the best interests of the minor child(ren) for this Court to enter the following school-

specific order that reflects relevant provisions under the Parenting Plan. This order serves to

supplement, but not modify or replace, the provisions set forth in the Parenting Plan. If there is a

conflict between this order and the current Parenting Plan, the Parenting Plan controls. For

purposes of this order, the terms apply equally to schools, pre-schools, and institutional childcare

providers.

5. This order is binding upon the parties, who are responsible for complying with its terms and the

terms in the Parenting Plan. It is not binding on a school but is provided as guidance for the

child(ren)’s schools.

Based thereon,

IT IS HEREBY ORDERED AS FOLLOWS:

1. Delivery to School.

The parties are required to provide a copy of this order to the minor child(ren)’s school(s).

2. Joint Legal Decision-making.

The parties have been awarded joint legal decision-making. As it relates to this Education Order,

legal decisions include school selection, enrollment/withdrawal, and special services (IEP/504

Plans). In the event the parties cannot agree (select appropriate box):

Joint Decision-making: Neither party is entitled to any greater decision-making authority. No

change can be made, nor any action taken, unless the parties agree or a court order resolves

the issue.

Joint Decision-making with a party having either “Final” or “Presumptive” Authority:

Subject to the terms set forth in the Parenting Plan, decisions will be made by (indicate which

party has “presumptive” or “final” authority):

Petitioner/Party A Respondent /Party B

Case Number:

3. School Selection.

Enrollment of the minor child(ren) in a particular school is subject to the school’s policies or

rules, space availability, enrollment restrictions set by the school or school district or its

authorizer (if a charter school), and state law. A party may submit enrollment documentation to

the school of choice solely for the purpose of reserving the minor child(ren)’s place at the school.

Neither party is restricted from selecting their preference of school for open enrollment purposes.

4. Special Services.

If the minor child(ren) is/are eligible for or being considered for a 504 Plan, an Individualized

Education Program (IEP), an Individualized Service Plan (ISP), or other special services:

• An evaluation as to the minor child(ren)’s eligibility for special services shall proceed so long

as at least one party consents.

• Both parties are entitled to attend all meetings with school officials that parents are permitted

to attend.

• Both parties are authorized to have access to all special services records and testing results.

• Upon completion of any evaluation or assessments, if there is no agreement between the

parties regarding the provision of special education and related special services, the decision

of how to proceed must be decided in accordance with the legal decision-making orders of

the court.

5. Parenting Time and Child Pick-Up.

The school should not use the parenting schedule as a basis to deny either party access to their

minor child(ren), nor may either party instruct the school to limit contact, unless otherwise

ordered. Each party may pick up the minor child(ren) from school and each may authorize other

individuals to pick up the minor child(ren), unless there are limitations under the terms of the

current Parenting Plan or another court order.

6. Contact Information.

Each party’s home address, e-mail, cell phone and any other contact information must be

provided to the school and listed by the school as the contact information for the minor child(ren).

Additional emergency contacts may be listed, but in the event of a dispute between the parties,

the school must list any person requested by either party until the parties reach an agreement or

secure a court order to the contrary. In the event of an emergency, either party may make

decisions for the minor child(ren)’s immediate care.

7. Access to School Grounds.

Subject to the policies of the school, or any provisions set forth in the Parenting Plan or other

order of the court, there are no restrictions on either party’s right to participate in school activities

or events, or engage in any parent volunteer activities, that parents are generally permitted to

participate in.

Case Number:

8. Access to School Records and Parent Portal.

Both parties are entitled to equal access to the minor child(ren)’s school records. Neither party

may restrict the other party’s access to information. Further, each party is individually responsible

for contacting the school and requesting to be included on any mailing or distribution list.

Both parties are entitled to access the school’s student information system or online parent

portal(s) (e.g., ParentVUE, Google Classroom, Infinite Campus, etc.). Unless the school allows

each party to have an individual login account, the parties must create a joint login ID and

password, which will not be changed or modified without the consent of the other party.

9. Parent-Teacher Conferences.

Each of the parties has equal right to confer with teachers and counselors concerning the minor

child(ren)’s education and other activities. The parties may request joint or separate parent-

teacher conferences, and the school may or may not accommodate the request.

10. Future Litigation.

The parties must make best efforts to agree upon the admission of school records or

communications without the need for foundational testimony or agree upon the submission of an

affidavit from the custodian of records to authenticate the records in lieu of testimony, whenever

possible. If a teacher or school official is required for substantive testimony, the scheduling of

such testimony will, when possible, be set at a time that is least disruptive to the school, its other

students, and its operations. Presumptively, accommodations will be made to allow virtual

appearances by the teacher or school official.

11. Additional Education-Related Orders:

Signed this day of 20 .

By:

Judicial Officer

Superior Court of Maricopa County

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer OR Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case No.

(Name of Petitioner/Party A)

SOLE LEGAL DECISION-MAKING

EDUCATION ORDER

(Name of Respondent/Party B)

THE COURT FINDS AS FOLLOWS:

1. The parties have the following minor child(ren) (hereinafter the “minor child(ren)”):

Name: Born:

2. An order regarding legal decision-making and/or parenting time in the best interests of the minor

child(ren) (also referred to as a “Parenting Plan”) was entered by this Court on (insert date)

.

For Clerk’s Use Only

Case Number:

3. A.R.S. § 25-401 defines two different types of legal decision-making. “Joint legal decision-

making” means both parties share decision-making and neither party’s rights or responsibilities

are superior except with respect to specified decisions as set forth by the court or the parties in

the final judgment or order. “Sole legal decision-making” means one party has the legal right

and responsibility to make major decisions for a child. In this case, the Court has awarded sole

legal decision-making to one party.

4. It furthers the best interests of the minor child(ren) for this Court to enter the following school-

specific order that reflects relevant provisions under the Parenting Plan. This order serves to

supplement, but not modify or replace, the provisions set forth in the Parenting Plan. If there is

a conflict between this order and the current Parenting Plan, the Parenting Plan controls. For

purposes of this order, the terms apply equally to schools, pre-schools, and institutional

childcare providers.

5. This order is binding upon the parties, who are responsible for complying with its terms and the

terms in the Parenting Plan. It is not binding on a school but is provided as guidance for the

child(ren)’s schools.

Based thereon,

IT IS HEREBY ORDERED AS FOLLOWS:

1. Delivery to School.

The parties are required to provide a copy of this order to the minor child(ren)’s school(s).

2. Sole Legal Decision-making.

Sole legal decision-making authority has been awarded to (indicate which party has sole legal

decision-making):

Petitioner/Party A Respondent/Party B

As it relates to this Education Order, legal decisions include school selection,

enrollment/withdrawal, and special services (IEP/504 Plans).

3. School Selection.

Only the party with sole legal decision-making authority has the authority to select the minor

child(ren)’s school. However, enrollment of the minor child(ren) in a particular school is subject

to the school’s policies or rules, space availability, enrollment restrictions set by the school or

school district or its authorizer (if a charter school), and state law.

Case Number:

4. Special Services.

If the minor child(ren) is/are eligible for or being considered for a 504 Plan, an Individualized

Education Program (IEP), an Individualized Service Plan (ISP), or other special services, only

the party with sole legal decision-making has the authority to consent to evaluation and/or the

child(ren)’s participation in special education and related special services.

Both parties are entitled to attend all meetings with school officials that parents are permitted to

attend. Both parties are authorized to have access to all special services records and testing

results.

5. Parenting Time and Child Pick-Up.

The school should not use the parenting schedule as a basis to deny either party access to their

minor child(ren), nor may either party instruct the school to limit contact, unless otherwise

ordered. Each party may pick up the minor child(ren) from school and each may authorize other

individuals to pick up the minor child(ren), unless there are limitations under the terms of the

current Parenting Plan or other court order.

6. Contact Information.

Each party’s home address, e-mail, cell phone and any other contact information must be

provided to the school and listed by the school as the contact information for the minor

child(ren). Additional emergency contacts may be listed, but in the event of a dispute between

the parties, the school must list any person requested by either party until the parties reach an

agreement or secure a court order to the contrary. In the event of an emergency, either party

may make decisions for the minor child(ren)’s immediate care.

7. Access to School Grounds.

Subject to the policies of the school, or any provisions set forth in the Parenting Plan or other

order of the court, there are no restrictions on either party’s right to participate in school

activities or events, or engage in any parent volunteer activities, that parents are generally

permitted to participate in.

8. Access to School Records and Parent Portal.

Both parties are entitled to equal access to the minor child(ren)’s school records. Neither party

may restrict the other party’s access to information. Further, each party is individually

responsible for contacting the school and requesting to be included on any mailing or

distribution list.

Both parties are entitled to access the school’s student information system or online parent

portal(s) (e.g., ParentVUE, Google Classroom, Infinite Campus, etc.). Unless the school allows

each party to have an individual login account, the parties must create a joint login ID and

password, which will not be changed or modified without the consent of the other party.

Case Number:

9. Parent-Teacher Conferences.

Each of the parties has the equal right to confer with teachers and counselors concerning the

minor child(ren)’s education and other activities. The parties may request joint or separate

parent-teacher conferences, and the school may or may not accommodate the request.

10. Future Litigation.

The parties must make best efforts to agree upon the admission of school records or

communications without the need for foundational testimony or agree upon the submission of

an affidavit from the custodian of records to authenticate the records in lieu of testimony,

whenever possible. If a teacher or school official is required for substantive testimony, the

scheduling of such testimony will, when possible, be set at a time that is least disruptive to the

school, its other students, and its operations. Presumptively, accommodations will be made to

allow virtual appearances by the teacher or school official.

11. Additional Education-Related Orders:

Signed this day of 20 .

By:

Judicial Officer

Superior Court of Maricopa County

Person Filing:

Address (if not protected):

City, State, Zip Code:

Telephone:

Email Address:

ATLAS Number:

Lawyer’s Bar Number:

Representing Self, without a Lawyer OR Attorney for Petitioner OR Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case Number:

Name of Petitioner/Party A

NOTICE REGARDING CREDITORS

Name of Respondent/Party B

Arizona law requires all actions for Divorce, Annulment, or Legal Separation to include this

Notice and for the person filing for Divorce, Annulment, or Legal Separation to serve this

Notice on the other party. (ARS § 25-318(H)).

You and your spouse are responsible for community debts. In your property settlement

agreement or decree of dissolution, annulment, or legal separation, the court may assign

responsibility for certain community debts to one spouse or the other. Please be aware that a

court order that does this is binding on the spouses only and does not necessarily relieve either

of you from your responsibility for these community debts. These debts are matters of contract

between both of you and your creditors (such as banks, credit unions, credit card issuers,

finance companies, utility companies, medical providers and retailers). Since your creditors

are not parties to this court case, they are not bound by court orders or any agreements you and

your spouse reach in this case. On request, the court may impose a lien against the separate

property of a spouse to secure payment of debts that the court orders that spouse to pay.

Contact creditors: You may want to contact your creditors to discuss your debts as well as the

possible effects of your court case on your debts. To assist you in identifying your creditors,

you may obtain a copy of your spouse’s credit report by making a written request to the court

for an order requiring a credit reporting agency to release the report to you. Within thirty (30)

days after receipt of a request from a spouse who is party to a divorce or legal separation,

which includes the court and cause number of the action, creditors are required, by law, to

For Clerk’s Use Only

Case Number:

provide information as to the balance and account status of any debts for which you or your

spouse may be liable to the creditor. You may wish to use the following form, or one that is

similar, to contact your creditors:

Warning: If you do not understand this notice, you should contact an attorney for advice about

your legal rights and obligations.

The following page contains a sample form you may choose

to mail to creditors to get information about debts owed by

you or your spouse. It is not a required form.

Do not file the next page with the court.

Case Number:

REQUEST FOR ACCOUNT INFORMATION FROM CREDITORS

You may use this form to request information about debt owed by you or your spouse.

If so, send to the creditor. DO NOT FILE THIS PAGE WITH THE COURT.

Date:

Creditor’s Name:

Creditor’s Address:

Regarding: Superior Court of Arizona in Maricopa County

Case Name:

Case Number:

Within thirty (30) days after receipt of this notice, you are requested to provide the balance

and account status of any debt identified by account number for which the requesting party

may be liable to you.

Information About Debtors/Spouses:

Your Name:

Your Address:

Your Phone Number:

Your Spouse’s Name:

Your Spouse’s Address:

Information About the Account:

Account Number(s):

If you have any questions or if I can be of further assistance, please feel free to contact me.

Sincerely,

Your name:

Your signature: