DIVORCE WITH CHILDREN DECREE Packet #4 Separate form from packet before filing American LegalNet, Inc. www.USCourtForms.com American LegalNet, Inc. www.USCourtForms.com PIMA COUNTY ARIZONA SUPERIOR COURT, PIMA COUNTY SELF-SERVICE PACKET THE DECREE DIVORCE WITH CHILDREN GENERAL INFORMATION USE AND DISCLAIMER This form shall not be used to engage in the unauthorized practice of law. The Pima County Superior Court assumes no responsibility and accepts no liability for actions taken by the users of this form or in reliance upon the instruction or information provided. Court cases can be very complicated, and even if you are representing yourself you should see a lawyer for legal advice as to how the law applies to you, and what is best in your particular situation. This might save you time, money, and trips to the courthouse. There are lawyers who will help you help yourself. This means that they will only charge you for giving you the help you need, and you can complete the court papers on your own, or ask the lawyer for help on the papers you are having trouble with. Also there are people in the community who can help you with your problems - they are called mediators. They help you solve your present problem, and anticipate future problems and how to solve them too. Mediators work with both parties in a dispute to help resolve the areas of disagreement or trouble. A list of individuals, agencies and other resources that help people with legal problems is available at the SelfService Center. HOW TO ASSEMBLE THESE DOCUMENTS This packet contains general information, instructions and a court form for a Decree of Dissolution of Marriage to complete and file with the court. Look at the lower right-hand corner of the document for the document number. Documents that end with "info" are instructions and/or general information. Documents that end with "form" are court forms that MUST be completed and filed with the court. Title Use and Disclaimer (1 page) Divorce With Children Decree Instructions (5 pages) Decree (7 pages) Form Name dwc decree-use and disclaimer.info dwc decree-decree instructions.info dwc decree-decree.form 1 dwc decree-use and disclaimer.info revised 08.06.04 American LegalNet, Inc. www.USCourtForms.com American LegalNet, Inc. www.USCourtForms.com DIVORCE DECREE WITH CHILDREN DECREE INSTRUCTIONS PLEASE TYPE OR PRINT WITH BLACK INK ONLY WHEN FILLING OUT ANY COURT FORMS USE THESE INSTRUCTIONS FOR THE DECREE OF DISSOLUTION OF MARRIAGE WITH CHILDREN ONLY. IF THERE ARE NO MINOR CHILDREN, BY BIRTH OR ADOPTION, COMMON TO YOU AND YOUR SPOUSE, USE THE FORM FOR A DECREE OF DISSOLUTION OF MARRIAGE WITHOUT CHILDREN. The Decree is the legal order from the court that ends your marriage. The signed Decree is important because it determines the rights and responsibilities of both you and your spouse. If either party does not follow the Decree, then the other party can ask the court for help to enforce the terms of the Decree. GETTING YOUR DIVORCE DECREE - THE LAST STEP The Decree is the final step in getting your divorce. Remember that the Decree not only gives you rights, but creates responsibilities for both you and your spouse. A divorce Decree carries the same weight as any court order and should be taken seriously. Failure to comply with the orders in the Decree could lead to a finding of contempt by the court, which can have consequences up to or including jail time. This does not mean that the court will police whether you are following the Decree. It does mean you or your spouse could request a Contempt Order or an Order to Enforce parts of the Decree if either party fails to follow the Decree. Remember that failure to pay child support or spousal maintenance (alimony), or to permit parenting time, can get you in serious trouble with the court. Before your divorce can become final, a judge or commissioner must sign the Decree of Dissolution of Marriage. The Decree includes findings by the court that it has the legal power, or jurisdiction, to hear the issues in your case and to make orders regarding the divorce, property and debts, spousal maintenance, and custody, parenting time and support of the child(ren). The Decree will state who is given what property or debts from the marriage, who will pay spousal maintenance (alimony), who has custody of the child(ren), and what the arrangements are for child support and parenting time. The Decree will also address any other areas where the court finds that some type of legal order is necessary in your divorce. COMPLETING THE DECREE If you are seeking decree by default, you should fill out the divorce Decree in advance, except for the "Additional Orders" portion and the judge's signature and date. However, if the judge disagrees with anything you have written into the Decree, he or she will change it before signing the Decree. The judge can do this in court by writing the changes on the Decree. You cannot put something in the Decree that you did not ask for in the original Petition unless the other party has agreed to this OR the change clearly benefits your spouse. If you try to do this, the judge or commissioner will not sign the Decree. It is a good idea to have your Petition handy when you follow the instructions to fill out your Decree. If your situation has changed since you filed your original Petition and you want to change your requests to the court, you must file an Amended Petition, serve this on your spouse and give your spouse the opportunity to file a Response to this Amended Petition. If a Response to the Petition for Dissolution has been filed and you are ordered to attend a settlement conference and/or a trial, only complete the caption. 1 dwc decree-decree instructions.info revised 08.06.04 American LegalNet, Inc. www.USCourtForms.com THE FIRST PART OF THE DECREE--THE COURT FINDINGS: 1 - 3.d These sections of the Decree clarify that before signing the Decree, the judge or commissioner has determined that the Court has the legal power to make the orders in your case. They also clarify that at least one party lived in Arizona at least 90 days before the divorce Petition was filed, and that the parties are unable to get back together and save their marriage. 3.e. Mark the first box only if you and your spouse did not get any property together while you were married and did not buy anything together for which you still owe money. If you and your spouse have agreed to a division of the community property and debts, m