ARIZONA DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a Arizona uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required.

Understanding the Arizona Divorce Papers:

• Information for Conciliation Court: This form informs a party that he or she must attend Conciliation Court, which is a form of alternative dispute resolution. ADR may be ordered by the court if the parties are not in agreement.
• Family Court Cover Sheet With Children: This confidential form identifies the spouses and the children who are involved in the dissolution.
• Petition for Dissolution of Marriage: Form 100a. The petition asks the court to dissolve the marriage, which is "broken beyond repair ("irretrievably broken") and there is no hope of reconciliation" and sets for proposed division and distribution of community property, asset and liabilities, alimony, child support, child custody, and visitation, if applicable.
• Marital Settlement Agreement: This agreement between the husband and wife sets forth the terms and conditions of the divorce, including the division and distribution of assets and liabilities, spousal and child support, child custody, and visitation. It is not limited to just these issues and the agreement is often incorporated by reference into the Final Decree, which grants the divorce according to the terms of the agreement.
• Schedule for Visitation of Minor Children: This form spells out the custody regime and establishes the visitation routine for the custodial and noncustodial parent. It typically focuses on overnights and a holiday schedule.
• Acceptance and Waiver of Service Under Rule 4(f), A.R.C.P.; Waiver of Rights Under The Soldiers' and Sailors Civil Relief Act: By signing this combined waiver, a party waives formal service of process as well as any protection he or she may have under the Service Members Civil Relief Act (SCRA) (50 U.S.C. App 517).
• Restore Former Name and Waiver of Appearance: 550. By signing this form, the respondent, asks for the restoration of his or her former name and waives further appearance in the action.
• Preliminary Injunction: 350 a-b. Courts automatically issue this order after the divorce papers are filed and it applies to both spouses. It forbids a number of actions, including hiding earnings or community property, collectivizing community property, selling property or giving it away to someone, without permission or written permission from the court as well as harassing or bothering the spouse or the children, physically abusing or threatening a spouse or the children, and removing them from Arizona without permission.
• Agreement With Creditor (Non Real Estate Related): This form is a reaffirmation by a party of debts not related to real estate. Used by parties to a dissolution of marriage action, It seeks to modify or reaffirm the couple's debts made during the marriage.
• Agreement With Creditor (Real Estate Related): This form is a reaffirmation by a party of debts that are related to real estate. An Agreement with Creditor for Real Estate is a form used by parties to a dissolution of marriage action. It seeks to modify or reaffirm all real estate related to any of the couple's debts related to real estate.
• Notice Regarding Creditors: Form 1100. Arizona law requires all divorce actions include a notice and for the filing party to serve it on the other party. It reminds the parties that they are responsible for community debt. This Notice of Obligations to Creditors is required in all cases, with or without creditors. It puts the parties on notice that "[s]ince... creditors are not party [to the divorce action], they are not bound by Court Orders...in this case."
• Credit Notification Form: This creditor notice gives each spouse notice of his or her rights and responsibilities regarding the debts incurred during the marriage.
• Notice to Your Rights About Health Insurance: This notice, which is part of the divorce papers, is required in all cases, with or without insurance. Under A.R.S. 20-1377 & 20-1408, "the dependent spouse and children" have a right to continued medical coverage under the other spouse's policy.
• Order to Parents: This is a formal notice letting the parents know the court will decide custody and support matters if parents cannot agree on their own.
• Affidavit Regarding Minor Children: This Affidavit Regarding Minor Children is required for all legal decision making (custody) cases. If a party wants 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 five years.
• Order and Notice to Attend Parenting Information Class: Both parents must attend and complete a Parent Information Program. The purpose of the program is to give parents information about how children are affected by divorce, paternity, or legal decision making (custody) matters and parenting time.
• Child Support Procedures: This form shows the procedures for calculating child support according to the Arizona State Child Support Guidelines..
• Parent's Worksheet for Child Support Amount: Parent's Worksheet for Child Support Amount, Forms 110a-b. is completed by the petitioner. It shows the amount of child support he or she is requesting. This number is based on gross income of both parents, less adjustments.
• Child Support Order: The Child Support Order, Forms 205a-d, is used in most Arizona courts except Maricopa County. It stipulates the amount of child support. This order requires that all child support payments be made to the Support Clearing House in Phoenix.
• Request for Hearing and Notice of Hearing: This form is used to request a hearing in a divorce action and give the other party notice of it.
• Decree of Dissolution of Marriage: This court order ends the marriage and declares the orders issued by the court.