` Name: Mailing Address: City, State, Zip Code: Daytime/Evening Phone: Self or Representing: State Bar No. (if attorney): / Petitioner Respondent FOR CLERK’S USE ONLY SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY Case No. Petitioner ATLAS No. Respondent THE COURT FINDS: CONSENT DECREE OF DISSOLUTION OF MARRIAGE (DIVORCE) LEGAL SEPARATION with minor children without minor children in a Non-Covenant Marriage 1. This case has come before this court for a final Decree of Dissolution of Marriage or Legal Separation. The court has taken all testimony needed to enter a Decree, or the court has determined testimony is not needed to enter the Decree. 2. This court has jurisdiction over the parties under the law, the provisions of this Decree are fair and reasonable under the circumstances and in the best interests of the minor child(ren) as to custody, parenting time and support, and the division of property and debt is fair and equitable. THE COURT FURTHER FINDS THAT: 3. Arizona Residency. The requirements of A.R.S. §25-312 for dissolution of marriage, or A.R.S. § 25313 for legal separation have been met: At the time this action was filed, the Petitioner or the Respondent was domiciled in Arizona or was stationed in Arizona while a member of the United States Armed Forces. If this is an action for dissolution of marriage (divorce), the Petitioner or the Respondent was domiciled or stationed in Arizona for more than 90 days. 4. Conciliation Court. The provisions relating to the Conciliation Court either do not apply or have been met. 5. Irretrievably Broken or Separate and Apart. The marriage is irretrievably broken or the parties desire to live separate and apart. 6. Covenant Marriage. This is a non-covenant marriage. 7. Custody, Support, Spousal Maintenance/Support, Division of Property and Debt. Where it has the legal power and where it is applicable to the facts of this case, this court has considered, approved, and made orders relating to issues of child custody, parenting time, child support, spousal maintenance/support (alimony), and the division of property and/or debts. 8. Protective Orders. Following is the effect, if any, of this Consent Decree on any existing protective orders: ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 1 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. 9. Community Property and Debt. (Select one.) The parties did not acquire any community property or debt during the marriage, OR The parties have agreed to a division of community property and/or debt as evidenced by their signatures on “Exhibit A” attached to and incorporated into this Decree. 10. Pregnancy. (Select one.) Wife is not pregnant, OR Wife is pregnant, and the husband 11. IS OR IS NOT the father of the child. Spousal Maintenance/Support. (Select one.) A party is entitled to an award of Spousal Maintenance/Support for the reason that Petitioner, OR Respondent lacks enough property, including property given to him or her as part of this divorce or legal separation, to provide for his or her reasonable needs, and is unable to support himself or herself through an appropriate job, or he or she is providing the primary care to child(ren) of young age or is of a condition that they should not be required to look for work outside the home, or lacks earning ability necessary to support himself or herself, or contributed significantly to the educational opportunities of the other spouse, or had a marriage that lasted a long time and is of an age that may severely limit the possibility of getting a job to support himself or herself, OR Neither party is entitled to an award of Spousal Maintenance/Support. If spousal maintenance is to be awarded, the parties further agree: (Select one.) Spousal maintenance award shall be modifiable in accordance with Arizona law, OR The parties acknowledge that the circumstances of their futures are unknown, but each desires that this maintenance award, so awarded by their agreement, not be modifiable in the future for any reason. Therefore, it is at this time ordered that this spousal maintenance award shall NOT be modifiable for any reason. 12. Parent Information Program. DOES NOT APPLY. THERE ARE NO MINOR CHILDREN IN THIS MARRIAGE. (If no children, check the box and go to “13”) a. b. 13. Petitioner has attended the Parent Information Program class as evidenced by the “Certificate of Completion” in the court file. OR Petitioner has not attended the Parent Information Program. In accord with A.R.S 25-353, the Court may deny any request to enforce or modify the provisions of this decree which address custody or parenting time until Petitioner has completed the class. Respondent has attended the Parent Information Program class as evidenced by the “Certificate of Completion” in the court file. OR Respondent has not attended the Parent Information Program. In accord with A.R.S 25-353, the Court may deny any request to enforce or modify the provisions of this decree which address custody or parenting time until Respondent has completed the class. Child Support. (Select any that apply.) DOES NOT APPLY. THERE ARE NO MINOR CHILDREN IN THIS MARRIAGE. ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 2 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. a. Child support has been determined in accordance with the Arizona Child Support Guidelines. OR b. Application of the Arizona Child Support Guidelines in this case is inappropriate or unjust. The Court has considered the best interests of the minor child(ren) in determining that a deviation is appropriate and makes the following findings: $ The child support amount before deviation is $ The child support amount after deviation is: The Court finds the guidelines amount is inappropriate or unjust because: Attached written agreement incorporated AND All parties have signed the agreement free of duress and coercion. Other: c. Physical Custody Adjustment, Court Approved Discretionary Parenting Time Adjustment or other Adjustments. (The court must make written findings if any of these adjustments are made.) : d. Ability to Pay. The Court finds that the person responsible for paying child support has the ability to pay child support: In the amount entered on Line 34 of the Worksheet of $ OR In an adjusted amount calculated using the self-support reserve on the Parent’s . Worksheet for Child Support Amount of $ 14. Custody of Minor Child(ren). (Select any that apply.) DOES NOT APPLY. THERE ARE NO MINOR CHILDREN IN THIS MARRIAGE. a. Joint Custody. If joint custody is awarded the court makes the following findings: The custody order or agreement is in the best interests of the minor child(ren) for the following reasons: (List the reasons.) Domestic Violence. Domestic violence has not occurred during this marriage, OR Domestic violence has occurred, but the domestic violence has not been significant. Explain why joint custody is in the best interest of the minor child(ren) even though domestic violence has occurred: b. Supervised or No Parenting Time. (Check and complete only if supervised parenting time or no parenting time is ordered.) Supervised Parenting Time between the children and Petitioner OR Respondent, is in the best interests of the minor child(ren), for the following reasons: (Explain the reasons) OR ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 3 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. No Parenting Time by Petitioner OR Respondent, is in the best interests of the minor child(ren), for the following reasons: (Explain). THE COURT ORDERS: 1. LEGAL SEPARATION OR DISSOLUTION OF MARRIAGE (“Divorce”). THE PARTIES ARE LEGALLY SEPARATED. MARRIAGE IS DISSOLVED: The marriage of the parties is dissolved and the parties are restored to the legal status of single persons. NAMES: The name of the Wife or The Husband, whose complete married name is : Is restored to: (List the complete legal name or maiden name as before the marriage) 2. ENFORCEMENT OF TEMPORARY ORDERS: All obligations ordered to be paid by the parties in Temporary Orders dated (fill in dates of ALL temporary orders here) are satisfied in full. OR Judgment is awarded against the party with the obligation up to the amount due and owing as of the date of this Decree, with the highest legal interest allowed by law, for the total . amount of $ 3. CHILD CUSTODY, PARENTING TIME, AND CHILD SUPPORT: DOES NOT APPLY. THERE ARE NO MINOR CHILDREN IN THIS MARRIAGE and THE WIFE IS NOT PREGNANT. (Skip to “4”) a. PREGNANCY: A child who is common to the parties is expected to be born (DATE). All orders below as to custody, parenting time, support, and medical insurance/expenses include this child and all other children named below. OR The orders below as to custody, parenting time, support, and medical insurance/expenses do not include this child; the court reserves jurisdiction to address these issues regarding this child when the child is born. b. CHILDREN: This Decree includes all minor children common to the parties as follows: NAME(S) OF CHILD(REN) ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Date(s) of Birth(s) (Month/Day/Yr) Page 4 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No._____________________ c. CHILD CUSTODY: (Select one) (1) SOLE CUSTODY: Sole custody of the minor child(ren) is awarded to: Petitioner, OR Respondent, subject to parenting time as follows: Parenting Time to the parent not having custody, according to the terms of the Parenting Plan attached as Exhibit B and made a part of this Decree. OR, Supervised parenting time to Petitioner OR ] Respondent according to the terms of the Parenting Plan attached as Exhibit B. Parenting Time may only take place in the presence of another person, named below or otherwise approved by the court. Name of supervisor: Restrictions on parenting time: The cost of supervised parenting time will be paid by Petitioner Respondent Shared equally by the parties. OR No parenting time rights to [ ] Petitioner OR [ ] Respondent. OR, (2) JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the minor child(ren), as set forth in the Joint Custody Agreement/Parenting Plan by the parties, signed by both parties and attached to this Decree as “Exhibit B.” The court adopts the terms of the Joint Custody Agreement/Parenting Plan describing the custody and parenting time agreement between the parties. By attaching the Joint Custody Agreement/Parenting Plan to the Decree, the Agreement becomes part of the Decree and carries the same legal weight as the Decree. Petitioner, OR Respondent shall pay child support to the other party in d. CHILD SUPPORT: per month, beginning THE FIRST DAY OF THE MONTH following the the amount of $ date this Decree is signed by the judge until further order of the court. Child Support is based on the information in the Parent’s Worksheet for Child Support Amount attached hereto and incorporated by reference. All child support payments shall be made by wage assignment (if applicable) through the Support Payment Clearinghouse, and must include the statutory fee by the Order of Assignment signed this date. Payments will be in equal installments made on the 1st and 15th of each month. e. MEDICAL, DENTAL, VISION CARE FOR MINOR CHILDREN (1) INSURANCE. Petitioner is responsible for providing: Respondent is responsible for providing: medical medical dental dental vision care insurance. vision care insurance Medical, dental, and vision care insurance, payments and expenses are based on the information in the Parent’s Worksheet for Child Support attached and incorporated by reference. The party ordered to pay must keep the other party informed of the insurance company name, address and telephone number, and must give the other party the documents necessary to submit insurance claims. ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 5 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. (2) NON-COVERED EXPENSES. Petitioner is ordered to pay __________ %, AND Respondent is ordered to pay ________ % of all reasonable uncovered and/or uninsured medical, dental, vision care, prescription and other health care charges for the minor child(ren), including co-payments. 4. SPOUSAL MAINTENANCE/SUPPORT: a. b. Neither party shall pay spousal maintenance/support (alimony) to the other party, OR Petitioner OR Respondent is ordered to pay to the other party the sum of $ per month in spousal maintenance/support BEGINNING THE FIRST DAY OF THE MONTH after this Decree is signed. Each payment shall be made by the first day of each month after that and shall the receiving party is remarried or deceased OR until (date) ___ continue until All payments shall be made through the Support Payment Clearinghouse by wage assignment, until all required payments have been made under this Decree. Payments made shall be included in receiving spouse’s taxable income and is tax deductible from the paying spouse’s income as required by law. Spousal maintenance/support payments end if the receiving party is remarried or deceased. c. In accordance with the parties’ agreements, The spousal maintenance award shall be modifiable in accordance with Arizona law, OR The spousal maintenance award shall NOT be modifiable for any reason. 5. PROPERTY, DEBTS AND TAX RETURNS: (Select any that apply.) a. Petitioner is ordered to pay all debts unknown to Respondent, AND Respondent is ordered to pay all debts unknown to Petitioner, AND Each party is ordered to pay his or her debts from the following date,___________________ b. Each party is assigned his or her separate property and Petitioner must pay his/her separate debt, and Respondent must pay his/her separate debt. c. This Decree can be used as a transfer of title and can be recorded. Parties shall sign all documents necessary to complete all transfer of title ordered in this Decree, such as motor vehicles, houses, and financial institution accounts. The parties shall transfer all real and by personal property as described in Exhibit A to the other party on or before 5:00 p.m. If the party required to transfer the property has not transferred the property to the party entitled to receive the property on or before the date and time listed above, the party entitled to receive the property is entitled upon application to a Writ of Assistance or Writ of Execution to be issued by the Clerk of the Court commanding the sheriff to put him or her in possession of the property. Other orders and relief relating to property or debt, if any, are contained in “Exhibit A”, which is attached and incorporated into this Decree. ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 6 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. For previous calendar years, pursuant to IRS rules and regulations, the parties will file: joint federal and state income tax returns and hold each other harmless from half of all additional income taxes if any and other costs, and each will share equally in any refunds, OR separate federal and state income tax returns. AND, This calendar year and continuing thereafter, each party will file separate federal and state income tax returns. AND, Each party shall give the other party all necessary documentation to file all tax returns. e. 6. FINANCIAL INFORMATION EXCHANGES: In cases in which child support or spousal maintenance are ordered, then until such time as those would end under the orders in this Consent Decree, the parties shall exchange financial information (tax returns, spousal affidavits, earning statements and/or other related financial statements) every 24 months. 7. TAX EXEMPTION: The parties shall claim as income tax dependency exemptions on federal and state tax returns as follows. A party required to pay child support is only entitled to claim (a) minor child(ren) as an income tax dependency exemption if that parent has paid all of the child support due and owing for the year that party is entitled to the exemption: DOES NOT APPLY. THERE ARE NO MINOR CHILDREN IN THIS MARRIAGE. Parent entitled to claim Petitioner Petitioner Petitioner Petitioner Name of child Tax year Respondent Respondent Respondent Respondent Petitioner, OR 8. CHILDREN TO WHOM THIS DECREE DOES NOT APPLY: It is ordered that Respondent has no legal obligation or right to the minor child(ren) born during the marriage but not common to the marriage. These minor children include: (Use additional paper if necessary) Name: Date of Birth: Name: Date of Birth: Child expected to be born this date: 9. QUALIFIED DOMESTIC RELATIONS ORDER (QDRO). A QDRO is not necessary; A QDRO is submitted herewith, OR A QDRO will be submitted to the court as soon as practicable or not later than _____________ (DATE). The court shall retain jurisdiction over the subject matter of the QDRO. 10. FINAL APPEALABLE ORDER. Pursuant to Rule 81, Arizona Rules of Family Law Procedure, this final judgment/decree is settled, approved and signed by the court and shall be entered by the clerk. ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 7 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. 11. OTHER ORDERS. (List any other orders.) Date ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Judicial Officer Page 8 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. CONSENT DECREE for DISSOLUTION OF MARRIAGE (DIVORCE) or WITH MINOR CHILDREN or LEGAL SEPARATION WITHOUT MINOR CHILDREN APPROVED BY: Petitioner’s Signature Date Sworn to or affirmed before me this date: My Commission expires Deputy Clerk or Notary Public If you are filing a Consent Decree, the Respondent must sign: Respondent’s Signature Date Sworn to or affirmed before me this date: My Commission expires Deputy Clerk or Notary Public If either party is represented by an attorney, the attorney (ies) must also sign. Petitioner’s Attorney Date Respondent’s Attorney Date ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 9 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. EXHIBIT A: PROPERTY AND DEBTS (Refer to section “E” in instructions) 1. DIVISION OF COMMUNITY PROPERTY (property acquired during the marriage) Award each party the personal property in his/her possession. Community property is awarded to each party as follows: 2. LIST OF COMMUNITY PROPERTY (Be very specific in your description of the property.) Household Furniture and Appliances (Be specific) Video: TV / DVD / DVR / VCR, etc. (Be specific) Audio: Stereo/ Radio (Household or Portable) (Be specific) Computers and Related Equipment (Be specific) Motor Vehicles 1. Year, Make, Model: Last 4 digits of VIN # AWARD TO Petitioner Respondent (Be specific) 2. Year, Make, Model: Last 4 digits of VIN # 3. Year, Make, Model: Last 4 digits of VIN # ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 10 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. COMMUNITY PROPERTY - continued Cash, bonds of $ (Be specific) AWARD TO Petitioner Respondent Other: Other: Other: Other: Other: Continues on attached page(s). 3. DIVISION OF RETIREMENT, PENSION, DEFERRED COMPENSATION (WARNING. You should see a lawyer about your retirement, pension, deferred compensation, 401k plans and/or benefits. If you do not see a lawyer regarding these assets, you risk losing any interest you have in these plans and/or benefits. There are certain documents the plan administrator must have. Only a lawyer can help you prepare these documents.) Neither party has a retirement, pension, deferred compensation, 401K Plan and/or benefits. OR Award each party his/her interest in any and all retirement benefits, pension plans, or other deferred compensation described as: OR Each party WAIVES AND GIVES UP his/her interest in any and all retirement benefits, pension plans, or other deferred compensation of the other party: 4. DIVISION OF REAL PROPERTY (Land and Buildings) Section A is for one piece of property. Section B is for another, separate property. A. . The Real property located at (address) legal description of this property, as quoted from the DEED to the property* is: * If you do not provide a correct legal description, you may have to come back to court to amend the Decree to include the correct legal description. The real property (“A”) described above is awarded as the sole and separate property of: Petitioner or Respondent OR Shall be sold and the proceeds divided as follows: % or $ to Petitioner. % or $ to Respondent. ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 11 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. B. Real property located at (address) The legal description of this property, as quoted from the DEED to the property* is: . * If you do not provide a correct legal description, you may have to come back to court to amend the Decree to include the correct legal description. The real property (“B”) described above is awarded as the sole and separate property of: Petitioner or Respondent OR Shall be sold and the proceeds divided as follows: % or $ to Petitioner. % or $ to Respondent. Continues on attached page(s). 5. DIVISION OF COMMUNITY DEBT (Debts incurred during the marriage) (You should see a lawyer about how to divide secured and unsecured debts.) Community debts shall be divided as follows: Creditor Name a. b. c. d. e. f. g. h. i. j. Amount Owed $ $ $ $ $ $ $ $ $ $ Amount to be paid by Petitioner $ $ $ $ $ $ $ $ $ $ Amount to be paid by Respondent $ $ $ $ $ $ $ $ $ $ Continues on attached page. 6. Any debts or obligations incurred by either party before the date of separation, that are not identified in the list above or attached, shall be paid by the party who incurred the debt or obligation and that party shall indemnify and hold the other party harmless from such debts. ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 12 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. 7. SEPARATE PROPERTY. (Property acquired before the marriage or by gift or bequest to one party.) Property recognized as the separate property of the Petitioner or Respondent, is assigned below: Description Value To Petitioner To Respondent $ $ $ $ $ $ $ 8. SEPARATE DEBT: (Debt acquired before the marriage.) Debt recognized as the separate debt of the Petitioner or Respondent, is assigned below: Creditor Name Debt Amount $ $ $ $ $ $ $ Petitioner Pays Respondent Pays Continued on attached page. ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 13 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. By signing this Exhibit and subscribing and swearing to same (or affirming to same) before a Deputy Clerk of Court or a Notary Public, both parties affirm that the information is true and correct, including the following: 1. 2. 3. 4. 5. 6. NON-COVENANT MARRIAGE. We do not have a covenant marriage. RIGHT TO TRIAL IS WAIVED. I understand that by signing this Consent Decree, I am waiving my right to a trial before a judge. NO DURESS OR COERCION. COMPLETE AGREEMENT. I am not under any force, threats, duress, coercion, or undue influence from anyone, including the other party, to sign this Consent Decree. This Decree with attachments, if any, that I have signed is our full agreement. I have not agreed to something different from what is stated in writing in the Decree. LEGAL ADVICE. I understand that even if I am representing myself without an attorney, I have the right to be represented by an attorney. I have the right to call an attorney and get legal advice before I sign this Consent Decree. IRRETRIEVABLY BROKEN MARRIAGE. I agree that our marriage is irretrievably broken. There is no reasonable prospect of reconciliation [or we desire to live separate and apart if this is a Legal Separation case]. DIVISION OF PROPERTY. The agreement about division of property and debts is fair and equitable. OATH OR AFFIRMATION (and SIGNATURES) By signing below, in the presence of a Deputy Clerk of Court or Notary Public, I swear or affirm that everything in this document is true and correct to the best of my knowledge, information and belief. Petitioner’s Signature Date Sworn to or affirmed before me this date: My Commission expires Deputy Clerk or Notary Public Respondent’s Signature Date Sworn to or affirmed before me this date: Case No. _________________________ My Commission expires/Seal ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Deputy Clerk or Notary Public Page 14 of 15 DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com Case No. CONSENT DECREE – ATTORNEY SIGNATURE(S) (if applicable) If either party is represented by an attorney, the attorney(s) must also sign. Petitioner’s Attorney Date Respondent’s Attorney Date If the Attorney General’s Office (the “AG”), Division of Child Support Enforcement (DCSE) is involved in this case, a representative of that agency must approve the child support amount and sign below: The approval of the AG’s office as to child support provisions contained in this document is indicated by my signature below: Signature of Attorney General / DCSE Representative ©Superior Court of Arizona in Maricopa County June 11, 2009 ALL RIGHTS RESERVED Page 15 of 15 Date DR71f Use Current Version American LegalNet, Inc. www.FormsWorkFlow.com