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Decree Of Legal Separation (Without Minor Children) Form. This is a Arizona form and can be use in Maricopa Local County.
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Tags: Decree Of Legal Separation (Without Minor Children), DRLSA81f, Arizona Local County, Maricopa
Person Filing Document: (A)
Address:
City, State, ZIP Code:
Telephone Number:
ATLAS Number (if applicable):
Attorney’s Bar Number (if applicable)
Representing
Self (Without Attorney) OR
Attorney for
Petitioner OR
Respondent
FOR CLERK’S USE ONLY
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
Case Number:
(B)
Petitioner)
__ .
DECREE OF LEGAL SEPARATION
(Without Minor Children)
Respondent
THE COURT FINDS: (C)
1.
This case has come before this court for a final Decree of Legal Separation. The court has taken all
testimony needed to enter a final Decree, or has determined testimony is not needed to enter the final
Decree.
2.
This court has jurisdiction over the parties under the law, and the provisions of the Decree are fair and
reasonable under the circumstances.
3.
The court finds:
(a)
At the time this action was filed, one of the parties lived in Arizona, or had lived in Arizona while a
member of the United States Armed Forces.
(b)
The provisions of A.R.S. § 25-381.09 relating to Conciliation Court either do not apply or have
been met.
(c)
The marriage is irretrievably broken or one or both parties desire to live separate and apart
(d)
The other party does not object to the decree of legal separation.
(e)
Where it has the legal power to do so and where it is applicable to the facts of this case, this court
has considered, approved, and made orders relating to the issue of spousal maintenance, and the
division of property and/or debts.
(f)
The parties did not acquire any community property or debts 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 property and/or debt, but all community property
and/or debt is divided pursuant to this Decree.
g)
Wife is not pregnant; OR
Wife is pregnant, and the other party (husband) IS NOT the father of the child.
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Superior Court of Arizona
ALL RIGHTS RESERVED
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(h)
Case No.
The Petitioner, OR
The Respondent
Lacks enough property, including property given to him or her as part of this 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 a
child(ren) of young age or is of a condition that he or she should not be required to look
for work outside of 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 which may severely limit the
possibility of getting a job in order to support himself or herself.
THE COURT ORDERS: (D)
1.
The parties are legally separated.
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)
shall be 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, together with the highest legal interest allowed by law.
3.
SPOUSAL MAINTENANCE/SUPPORT (ALIMONY):
Neither party shall pay spousal maintenance/(alimony) to the other party; OR
(a)
(b)
Petitioner, OR
Respondent
Is ordered to pay
Respondent, OR Petitioner 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 thereafter
.(date). All
and shall continue until the receiving party is deceased or until
payments shall be made through the Support Payment Clearinghouse by automatic wage
assignment, until all required payments have been made under this Decree. Payments
made shall be included in the receiving spouse’s taxable income and are tax deductible
from the paying spouse’s income as required by law.
4.
PROPERTY AND DEBTS:
Petitioner is ordered to pay all debts unknown to Respondent.
(a)
(b)
Respondent is ordered to pay all debts unknown to Petitioner.
(c)
Each party is ordered to pay his or her debts which he or she incurred since the date of
the parties' separation,
(date).
(d)
Other orders and relief relating to community property or debts are contained in Exhibit A
relating to the division of community property and debts, which is attached and
incorporated into and made a part of this Decree.
Each party is assigned his or her separate property as contained in Exhibit A relating to
(e)
the separate property and debts, which is attached and incorporated and made a part of
this Decree.
This Decree can be used as a transfer of title and can be recorded. Parties shall sign all
(f)
documents necessary to complete all transfer of titles 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.
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Superior Court of Arizona
ALL RIGHTS RESERVED
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Case No.
If the party required to transfer the property has not transferred the property to the other
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.
For previous calendar years, the parties shall file
joint federal and state income tax returns and hold the other harmless from of all
additional income taxes, if any, and other costs, and each shall share equally in any
refunds, OR
separate federal and state income tax returns.
(g)
AND
This calendar year and continuing thereafter,
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 shall share equally in
any refunds, if any, OR
separate federal and state income tax returns.
AND
Each party shall give the other party all necessary documentation to file all tax returns.
5.
LIMITATION ON JURISDICTION: This court cannot make a legal order, without personal service on the
Respondent, with respect to issues of community property and debt or spousal maintenance.
6.
OTHER ORDERS: (Leave blank for Judicial Officer)
7.
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.
DONE IN OPEN COURT this
day of
,
.
(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 must be mailed or delivered to the Respondent. You must tell the
court you will do this.
By signing below, the Petitioner states to the Court that I have sent or will send or deliver of copy of this Decree to
the Respondent at:
Respondent’s Name:
Mailing Address:
City, State Zip Code:
By: (Petitioner’s Name)
Date:
DRLSA81f-32111
Superior Court of Arizona
ALL RIGHTS RESERVED
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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:
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Superior Court of Arizona
ALL RIGHTS RESERVED
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Case No.
OR
The Plan Administrator and the parties have approved the Qualified Domestic Relations Order
(QDRO) attached as Exhibit(s)
. Do not check this box without first seeking the
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:
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Superior Court of Arizona
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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.
7.
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.
SEPARATE PROPERTY. The following separate property is awarded as follows: (Be specific)
Description of Property. Be specific.
8.
Petitioner
Respondent
SEPARATE DEBT. The parties are each ordered to pay his or her separate debt as follows:
Creditor(s)
Amount owed
Petitioner
Respondent
$
$
_
$
$
$
DRLSA81f-32111
Superior Court of Arizona
ALL RIGHTS RESERVED
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