DRDC 3 F Formsre Divorce With Children Repsonse Spanish
DRDC 3 F Formsre Divorce With Children Repsonse Spanish
DRDC 3 F Formsre Divorce With Children Repsonse Spanish
Response
Part 3: Respond to a Divorce Petition
(Forms Packet)
*5022*
SELF-SERVICE CENTER
This packet contains court forms about how to respond to a “Petition for Dissolution of a Non-
Covenant Marriage (Divorce) With Children.” Be sure the documents are in the following order:
3 DRDC31f “Response” 8
“Alternative Dispute Resolution (ADR) Statement to the
4 DRAD10f 1
Court”
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.
CHECKLIST
Use the forms and instructions in this packet ONLY if the following factors apply
to your situation:
You and your spouse have children with each other OR the wife is pregnant
by the husband or will be pregnant by the husband before the divorce is
over.
READ ME: Before filing documents with the Court, consult a lawyer to help guard against
undesired and unexpected consequences. The Self-Service Center has a list of lawyers who
can give you legal advice and who can help you on a task-by-task basis for a fee, and a list of
court-approved mediators as well. You may view the lists at the Self-Service Centers or from
our web site at: http://www.superiorcourt.maricopa.gov/ssc/provider/lawyers.asp
4. 90 DAY REQUIREMENT: I or my spouse have lived, or have been stationed while a member of
the Armed Forces, in Arizona for at least 90 days before I filed this action. (WARNING: If this statement is not
true, the petitioner cannot proceed. You should file a motion to dismiss. You or the petitioner can then re-file
the divorce papers when the statement is true.)
5. DOMESTIC VIOLENCE. (If you intend to ask for joint custody, check the box that makes a true
statement): Significant domestic violence has OR has not occurred during this marriage.
6. CHILDREN OF THE PARTIES WHO ARE LESS THAN 18 YEARS OLD (check one box):
There are no children common to the parties, under the age of 18, either born to or adopted by,
the parties. NOTE: IF YOU CHECKED THIS BOX, STOP. YOU SHOULD BE USING THE
PETITION PACKET TO GET A DIVORCE WITHOUT CHILDREN.
The following child(ren), common to the parties, are under age 18 and were born to, or adopted
by, my spouse and me: (Attach extra pages if necessary).
Child’s Name
Birth Date:
Address:
Length of Time at Address:
Child’s Name
Birth Date:
Address
Length of Time at Address:
Child’s Name
Birth Date:
Address
Length of Time at Address:
Child’s Name
Birth Date:
Address
Length of Time at Address:
7. PREGNANCY
Wife is not pregnant, OR
Wife is pregnant
The baby is due on (date), (and, check one box below):
The Petitioner and Respondent are the parents of the child, OR
Petitioner is not the parent of the child, OR.
Respondent is not the parent of the child.
Make $
Model
VIN
Lien Holder
Separate Property: (List the property and the value of the property, and check the box to tell the court
who should get the property.)
My spouse has separate debt or debt that he/she or incurred prior to the marriage that should be
paid by my spouse as described below.
11. SUMMARY OF WHAT I, THE RESPONDENT, REQUEST CONCERNING PROPERTY AND DEBTS
THAT IS DIFFERENT FROM WHAT MY SPOUSE ASKED FOR IN THE PETITION.
12. 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 pay
federal and state taxes, according to IRS Rules and Regulations, as follows: For previous years
(the years we were married, not including the year the Decree was signed), the parties will file
joint federal and state income tax returns. In addition, for previous calendar years, both parties
will, according to IRS Rules and Regulations, pay and hold the other harmless from half of all
additional income taxes if any and other costs, and each will share equally in any refunds. For the
calendar year (the year that the Decree is signed) and all future calendar years, each party will
file, according to IRS Rules and Regulations, separate federal and state income tax returns. Each
party will give the other party all necessary documentation to do so.
13. SPOUSAL MAINTENANCE (ALIMONY) (check the box that applies to you):
Neither party is entitled to spousal maintenance (alimony), OR
Petitioner OR Respondent is entitled to spousal maintenance because: (Check one or more of
the box(es) below that apply. At least one reason must apply to get spousal maintenance)
Person lacks sufficient property to provide for his/her reasonable needs;
Person is unable to support himself/herself through appropriate employment;
Person is the custodian of a child(ren) whose age or condition is such that the person
should not be required to seek employment outside the home;
Person lacks earning ability in the labor market adequate to support himself/herself; and,
Person contributed to the educational opportunities of the other spouse or had a marriage
of long duration and is now of an age that precludes the possibility of gaining employment
adequate to support himself/herself.
My marriage is not irretrievably broken and there are reasonable prospects of reconciliation. The
conciliation requirements under Arizona law, A.R.S. 25-381.09 either apply or have not been met.
Explain to the court why you disagree:
This court does not have jurisdiction to decide child custody matters under Arizona law because
the child(ren) have not lived in Arizona for at least 6 months before the Petition was filed.
Explain: (There are other reasons why the court may not have jurisdiction due to the residence of
the children. See a lawyer for help.)
17. GENERAL DENIAL. I deny anything stated in the Petition that I have not specifically admitted, qualified
or denied.
18. WRITTEN CUSTODY AGREEMENT. (Check the boxes that apply, if they apply)
My spouse and I have a written agreement signed by both of us about the custody, visitation, and
child support for our child(ren).
I have attached a copy of the written agreement.
I want my name restored to: (List complete maiden or legal name before this marriage):
WARNING: If you are not requesting to have your own former name restored, the court must
have a written request from the party who wants his or her name restored to change the name.
C. CHILD CUSTODY AND VISITATION: Award custody and visitation of the children under the age of 18
and common to the parties, as follows: (Check either the sole custody box or the joint custody box.
If you check the sole custody box, check only one box related to visitation.)
Reasonable visitation rights to the parent not having custody, as will be described in the
Parenting Plan attached to the Divorce Decree.
The cost of supervised parent/child access will be paid by the parent being supervised;
the parent having custody; shared equally by the parties.
No visitation rights to the parent not having custody is in the best interests of the
child(ren) because: (Explain the reasons for no visitation. Use extra paper if necessary):
OR
C.2. JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the
child(ren) as set forth in the Joint Custody Agreement signed by the parties, if the court
agrees with the Joint Custody Agreement. (For joint custody, there must have been no
“significant” domestic violence in your marriage. A.R.S. 25-303.03)
D. CHILD SUPPORT: Order that child support will be paid by: Petitioner, OR Respondent 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 following the entry of the divorce decree. These
payments, and a fee for handling, will be paid through the Support Payment Clearinghouse and collected
by automatic wage assignment.
E. INSURANCE AND HEALTH CARE EXPENSES FOR CHILDREN: Order that the Petitioner, OR
Respondent will pay for the health, medical, and dental insurance coverage for the child(ren) under the
age of 18 and common to the parties. Petitioner and Respondent 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: The parties will, subject to IRS Rules and Regulations, claim the children as income
tax dependency exemptions on federal and state income tax returns as follows:
Parent entitled to claim Name of child Current tax year Later tax years
Petitioner Respondent
Petitioner Respondent
Petitioner Respondent
Petitioner Respondent
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 him/her since the parties’ separation on (date): or
since the date the Respondent was served with the Petition for Dissolution.
J. SEPARATE PROPERTY and DEBT: Award each party his/her separate property and make each party
pay his/her own separate debt.
The contents of this document are true and correct to the best of my knowledge and belief.
Date
Signature
Name:
Mailing Address:
City, State, Zip Code:
Daytime Phone Number:
Evening Phone Number:
Representing: [ ] Self [ ] Petitioner [ ] Respondent
State Bar Number:
Case No.
Petitioner
ATLAS No.
Pursuant to the Arizona Rules of Family Law Procedure, we hereby state the following, under penalty of
perjury:
1. [ ] The parties agree to participate in the following Alternative Dispute Resolution (ADR)
process and:
a. have selected the following ADR process:
[ ] Arbitration
[ ] Mediation
[ ] Settlement Conference
[ ] Other:
b. [ ] The parties will use a private provider OR
[ ] The parties request a program provided through the court.
c. The person or company providing the ADR service is:
Date Petitioner
Date Respondent