Name or Lawyer’s Name: (A) Your Address: Your City, State, Zip Code: Your Telephone Number: ATLAS Number: State Bar Number: Representing Self (Without a Lawyer) or Attorney for Petitioner or Respondent FOR CLERK’S USE ONLY SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY Case Number: . (Name of Petitioner) (B) DECREE OF DISSOLUTION OF MARRIAGE (DIVORCE) WITH MINOR CHILDREN (Name of Respondent) THE COURT FINDS: (C) 1. This case has come before this court for a final Decree of Dissolution of Marriage. 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 and the provisions of this Decree are fair and reasonable under the circumstances, and are in the best interests of the minor child(ren) as to custody, parenting time (visitation), and support. SERVICE BY PUBLICATION: If Respondent was served by publication and was not personally served, this court cannot make a legal order, with respect to issues of child support, medical and dental insurance, payments, expenses for the minor child(ren), community property or debt, or spousal maintenance/support. The court reserves jurisdiction until personal service is made upon Respondent to consider the maintenance/support of either spouse, the disposition of community property or debts, child support, and any other relief requested in the Petition or orders deemed necessary by the court. 3. The Court finds that: a. 90 Day Requirement: At the time this action was filed, the Petitioner or the Respondent had lived in Arizona for more than 90 days, or had lived in Arizona while a member of the United States Armed Forces for more than 90 days. b. Conciliation Court: The provisions relating to the Conciliation Court either do not apply or have been met. c. Irretrievably Broken: The marriage is irretrievably broken or the parties desire to live separate and apart. This marriage is not a covenant marriage. d. 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 (visitation), child support, spousal maintenance/support (alimony), and the division of property and/or debts. © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DRDC81f Page 1 of 10 Use current version DEC American LegalNet, Inc. www.FormsWorkflow.com e. f. Case No. Community Property and Debt: The parties did not acquire any community property or debt during the marriage, OR There IS an agreement as to division of community property and debt; all community property and debt is divided pursuant to this Decree. There is NO agreement as to division of community property and debt, but all community property and debt is divided pursuant to this Decree. Pregnancy and Paternity: Wife is not pregnant, OR Wife is pregnant, and the husband IS OR IS NOT the father of the child. The husband is the father of these children born to the parties before the marriage: Name(s) Date(s) of Birth g. Spousal Maintenance/Support: The Petitioner, OR The Respondent lacks enough property, including property given to him or her as part of this divorce, 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 a 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. h. Parent Information Program: has attended the Parent Information Program class as evidenced by the 1. Petitioner “Certificate of Completion” in the court file. OR has not attended the Parent Information Program class and shall be Petitioner denied any requested relief to enforce or modify this decree until Petitioner has completed the class. 2. i. has attended the Parent Information Program class as evidenced by the Respondent “Certificate of Completion” in the court file. OR has not attended the Parent Information Program class and shall be Respondent denied any requested relief to enforce or modify this decree until Respondent has completed the class. Deviation from Child Support: The court, having considered the best interests of the minor child(ren), deviates from the guidelines for the following reasons: Application of the guidelines is inappropriate Application of the guidelines is unjust The court makes the following finding regarding the deviation: The child support order would have been $ The child support order after deviation is $ © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DRDC81f Page 2 of 10 Use current version DEC American LegalNet, Inc. www.FormsWorkflow.com Case No. j. Physical Custody Adjustment: Court Approved Discretionary Parenting Time Adjustment And/or other Adjustments: (The court must make written findings if any of these adjustments are made.) k. Ability to Pay Child Support: 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 for $ In an adjusted amount calculated using the self-support reserve on line 35 of the Worksheet for $ l. Custody of Minor Child(ren): (Check/complete only if custody is contested or joint custody is ordered.) The custody order or agreement is in the best interests of the minor child(ren) for the following reasons: (List the reasons.) REASONS: m. Supervised or No Parenting Time: (Check and complete only if supervised or no parenting time is ordered.) Supervised Parenting Time between the minor children and Petitioner OR Respondent, OR No Parenting Time by Petitioner OR Respondent, is in the best interests of the minor child(ren), for the following reasons: (Explain the reasons) REASONS: n. Domestic Violence: If the court enters an order for joint custody of the minor child(ren), check box “1” or box “2” and explain. 1. 2. 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 child(ren) even though domestic violence has occurred: THE COURT ORDERS: (D) 1. MARRIAGE IS DISSOLVED: The marriage of the parties is dissolved and the parties are restored to the legal status of single persons. 2. NAMES: The name of the Wife or © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED The Husband, whose complete married name is : DRDC81f Page 3 of 10 Use current version DEC American LegalNet, Inc. www.FormsWorkflow.com Case No. Is restored to: (List the complete legal name or maiden name as before this marriage) 3. 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) judgment is awarded against the party with the obligation up to the amount due and are satisfied in full or owing as of the date of this Decree, with the highest legal interest allowed by law, for the total amount of . $ 4. CHILD CUSTODY, PARENTING TIME, AND CHILD SUPPORT: a. PREGNANCY AND PATERNITY: A child who is common to the parties is expected to be born this date: All orders below as to custody, parenting time (visitation), support, and medical insurance/expenses include this minor child and all other minor children named below. 1. MINOR CHILDREN: This Decree includes all minor children common to the parties as follows: NAME(S) OF MINORCHILD(REN) 2. DATE(S) OF BIRTH PATERNITY: The husband is declared to be the father of the minor children named below, born before the marriage: Children Born BEFORE the Marriage Date(s) of Birth/Social Security No. FOR ANY MINOR CHILD(REN) BORN IN THE STATE OF ARIZONA, THE CLERK OF COURT SHALL FORWARD A COPY OF THIS ORDER TO THE OFFICE OF VITAL RECORDS, WHICH IS ORDERED TO AMEND THE BIRTH CERTIFICATE(S) AS FOLLOWS: 3. The father’s name shall be entered on the minor child's birth certificate. NAME CHANGE: (Optional) The names of one or more of the minor children for whom paternity has been established above shall be changed as follows: Current Legal Name © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DEC New Name DRDC81f Page 4 of 10 Use current version American LegalNet, Inc. www.FormsWorkflow.com Case No. b. CHILD CUSTODY: 1. SOLE CUSTODY of the minor children 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, No parenting time rights to Petitioner OR Respondent. OR, Supervised parenting time to Petitioner OR Respondent according to the terms of the Parenting Plan attached as Exhibit B. Visitation may only take place in the presence of another person, named below or otherwise approved by the court. (See Option “b.2.“ for Joint Custody) Name of supervisor (if applicable): The cost of supervised visitation will be paid by Petitioner OR Respondent shared equally by the parties Restrictions on parenting time (if applicable): 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.” There have been no significant acts of Domestic Violence by either parent. The court adopts the terms of the Joint Custody Agreement/Parenting Plan describing the custody and p 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. c. CHILD SUPPORT: Petitioner, OR Respondent shall pay child support to the other party in the amount of $ per month, beginning THE FIRST DAY OF THE MONTH following the date this Decree is signed by the judge until further order of the court. Child Support is based on the information in the Child Support Worksheet attached hereto and incorporated by reference. All child support payments shall be made 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. d. MEDICAL, DENTAL, VISION CARE FOR MINOR CHILDREN: 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. 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. © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DEC DRDC81f Page 5 of 10 Use current version American LegalNet, Inc. www.FormsWorkflow.com Case No. 5. SPOUSAL MAINTENANCE/SUPPORT: a. b. 6. Neither party shall pay spousal maintenance/support (alimony) to the other party, OR Petitioner, OR Respondent is ordered to pay other party the sum of $ per month spousal maintenance 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 continue until the receiving party is remarried or deceased or until (date) . All payments shall be made through the Support Payment 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. PROPERTY, DEBTS AND TAX RETURNS: 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. Other orders and relief relating to property or debt are contained in Exhibit A, which is attached and incorporated into this Decree. c. 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. d. 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 bank accounts. The parties shall transfer all real and personal property as described in Exhibit A to the other party on or before by 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. e. For previous calendar years, pursuant to IRS rules and regulations, the parties will file joint federal and state income tax returns and hold the other harmless from half of all additional income taxes and other costs, if any, 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. 7. FINANCIAL INFORMATION EXCHANGES: The parties shall exchange financial information (tax returns, spousal affidavits, earning statements and/or other related financial statements) every twenty-four months. 8. 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 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: © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DEC DRDC81f Page 6 of 10 Use current version American LegalNet, Inc. www.FormsWorkflow.com Case No. Parent entitled to claim Petitioner Respondent Petitioner Respondent Petitioner Respondent Petitioner Respondent Petitioner Respondent 9. Name of child Tax year MINOR CHILDREN TO WHOM THIS DECREE DOES NOT APPLY: It is ordered that Petitioner, OR 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: Name: Child expected to be born this date: Birth date: Birth date: 10. FINAL APPEALABLE ORDER. Pursuant to Arizona Rules of Family Law Procedure, Rule 81, this final judgment/decree is settled, approved and signed by the court and shall be entered by the clerk. 11. OTHER ORDERS. (List any other orders.) DONE IN OPEN COURT: .(E) JUDGE OR COURT COMMISSIONER If this Decree was issued as a “Default,” and the Petitioner served the papers to begin this case by any means other than by publication, a copy of this Decree shall be mailed or delivered to the Respondent within 24 hours of the court hearing as follows: Respondent’s Name: Mailing Address: City, State Zip Code: By Petitioner: Date: © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DEC DRDC81f Page 7 of 10 Use current version American LegalNet, Inc. www.FormsWorkflow.com Case No. EXHIBIT A: PROPERTY AND DEBTS (F) 1. DIVISION OF COMMUNITY PROPERTY: Award each party the personal property in his or her possession, or The following community property is awarded to each party as follows: 2. LIST OF COMMUNITY PROPERTY. Be specific AWARD TO: Petitioner Respondent Household furniture/furnishings Appliances DVD/DVR/VCR (be specific) TV Personal Computer Stereo State Income Tax Refund Federal Income Tax Refund Motor vehicle Motor vehicle Motor vehicle Cash, bonds of $ Other: Other: Other: Other: Continued on attached list. 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.) Award each party his or her interest in any retirement benefits, pension plans, or other deferred compensation described as: Petitioner’s: Respondent’s: © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DEC DRDC81f Page 8 of 10 Use current version American LegalNet, Inc. www.FormsWorkflow.com Case No. OR The Plan Administrator and the parties have approved the Qualified Domestic Relations Order . Do not check this box without first seeking the (QDRO) attached as Exhibit(s) help of a lawyer. OR Each party WAIVES AND GIVES UP his or her interest in any retirement benefits, pension plan, or other deferred compensation of the other party: OR Neither party has a retirement, pension, deferred compensation, 401K Plan and/or benefits. 4. DIVISION OF REAL PROPERTY. Section A is for one piece of property. Section B is for another piece of property. If you own more than two pieces of property, check the box below and attach another sheet of paper with the information requested in A and B. More than 2 pieces of property are involved. See attached sheet listing the same information as in A and B. A. Real property located at (address ) which is legally described as: (You must provide the legal description. The legal description can be found on the deed to the property. If you do not provide the legal description, you may have to come back to court to amend the Decree to include the legal description.) LEGAL DESCRIPTION: The real property as described above is: Awarded to Petitioner OR Respondent as his or her sole and separate property. OR Shall be sold and the proceeds divided as follows: % or $ to Petitioner. % or $ to Respondent. 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 titles ordered in this Decree, such as motor vehicles, houses, and bank accounts. is appointed real estate commissioner to sell this real property. B. Real property at (address ) which is legally described as: (You must provide the legal description. The legal description can be found on the deed to the property. If you do not provide the legal description, you may have to come back to court to amend the Decree to include the legal description.) LEGAL DESCRIPTION: © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DEC DRDC81f Page 9 of 10 Use current version American LegalNet, Inc. www.FormsWorkflow.com Case No. The real property as described above is: Awarded to Petitioner OR Respondent as his or her sole and separate property. OR Shall be sold and the proceeds divided as follows: % or $ to Petitioner. % or $ to Respondent. 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 titles ordered in this Decree, such as motor vehicles, houses, and bank accounts. is appointed real estate commissioner to sell this real property. 5. DIVISION OF COMMUNITY DEBTS. (You should see a lawyer about how to divide secured and unsecured debts.) Creditor(s) The following community debts shall be divided as follows: Amount owed Petitioner $ $ $ $ $ $ Respondent Continued attached list. 6. Any debts or obligations incurred by either party before the Respondent was served with the Petition for Dissolution 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. 7. SEPARATE PROPERTY. The following separate property is awarded as follows: (Be specific) Description of Property. Be specific. Petitioner Respondent 8. SEPARATE DEBT. The parties are each ordered to pay his or her separate debt as follows: Creditor(s) Amount owed Petitioner Respondent $ $ $ $ $ © Superior Court of Arizona in Maricopa County May 19, 2008 ALL RIGHTS RESERVED DEC DRDC81f Page 10 of 10 Use current version American LegalNet, Inc. www.FormsWorkflow.com