(A) Petitioner’s or Lawyer’s Name: Mailing Address: Daytime Telephone: ATLAS Number: Lawyer’s Bar Number: Self, Without a Lawyer Representing or Petitioner (B) Respondent’s or Lawyer’s Name: Mailing Address: Daytime Telephone: ATLAS Number: Lawyer’s Bar Number: Representing Self, Without a Lawyer or Respondent IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY Regarding the matter of (D) DO Petitioner and DECREE OF LEGAL SEPARATION OF NON-COVENANT MARRIAGE [606] WITH MINOR CHILDREN (E) Respondent (F) and ORDER OF PATERNITY This is a Consent Decree THE COURT FINDS: 1. This case has come before this Court for a final Decree of Legal Separation of Marriage. The Court has taken all testimony needed to enter a Decree, or 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 children as to custody, parenting time and support. The Respondent was served by publication. This 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; Paternity/Maternity; Any other relief requested in the Petition or orders deemed necessary by the court. Superior Court of Arizona in Yavapai County Septmeber 2007 Page 1 of 10 DRDC81f Use only most current version American LegalNet, Inc. www.FormsWorkflow.com 3. Residency Requirement: At the time this action was filed, at least one of the parties lived or was stationed in Arizona while a member of the United States Armed Forces. 4. Conciliation Court: The provisions relating to the Conciliation Court either do not apply or have been met. 5. Live Apart: The marriage is irretrievably broken or the parties desire to live separate and apart. 6. Venue: The proceeding was brought in the proper county or venue was waived. 7. Custody, Parenting Time, Support, Spousal Maintenance, 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 (alimony), and the division of property and/or debts. 8. Protective Orders. Following is the effect, if any, of this Decree on any existing protective orders. 9. Community Property and Debt: The parties did not acquire any community property during the marriage. The parties did not acquire any community debt during the marriage. 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, OR There is no agreement as to division of community property and debt, but all community property and debt is divided pursuant to this Decree. 10. Pregnancy: Wife is not pregnant, OR Wife is pregnant, and the husband child. 11. IS OR IS NOT the father of the Spousal Maintenance A party is entitled to an award of Spousal Maintenance/Support for the reason that 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 he or she 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; AND Spousal maintenance shall be modifiable in accordance with Arizona law, OR Superior Court of Arizona in Yavapai County Septmeber 2007 Page 2 of 10 DRDC81f Use only most current version American LegalNet, Inc. www.FormsWorkflow.com The parties acknowledge that the circumstances of their futures are unknown, but each desires that this maintenance award not be modifiable in the future for any reason. Therefore, it is ordered at this time that this spousal maintenance award shall not be modifiable for any reason. 11b. 12. Neither party is entitled to an award of Spousal Maintenance/Support. Parent Information Program: 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 class AND shall be denied any requested relief to enforce or modify this decree until Petitioner has completed the class. 12a. 12b. 12c. 12d. 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 class AND shall be denied any requested relief to enforce or modify this decree until Respondent has completed the class. 12e. 12f. 13. Paternity: There is/are minor child(ren) common to the parties and born prior to the marriage. Name Date of Birth 14. Child Support: (Select any that apply.) 14a. Child Support has been determined in accordance with the Arizona Child Support Guidelines, OR 14b. Application of the Arizona Child Support Guidelines in this case is inappropriate or unjust. The Court has considered the best interests of the child(ren) in determining that a deviation is appropriate and makes the following findings: The Court finds the Guidelines amount is inappropriate or unjust because: Attached written agreement incorporated AND All parties signed the agreement free of duress and coercion. Other The court makes the following findings regarding the deviation: The child support order would have been $ The child support order after deviation is $ Superior Court of Arizona in Yavapai County Septmeber 2007 Page 3 of 10 DRDC81f Use only most current version American LegalNet, Inc. www.FormsWorkflow.com 14c. 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 35 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 $ 14d. 15. The Attorney General is involved in this case and evidencing agreement with child support amount signed statement is attached. has signed Exhibit A OR a separate Custody of the Minor Child(ren) If sole custody is awarded, this Court makes the following findings as required by law If custody is awarded and A.R.S. 25-403.04 - 25-403.09 applies, this Court makes the following findings Joint Custody. If joint custody is awarded the Court makes the following findings if applicable and as required under Arizona law: 15a. 15b. 15c. The custody order or agreement is in the best interests of the child(ren) for the following reasons Domestic violence has not occurred during this marriage, OR 15d. Domestic violence has not been significant. However, domestic violence has occurred as described in the Petition for Order of Protection(s) filed or as follows below 15e. Joint custody is in the best interest(s) of the child(ren) even though domestic violence has occurred because: 15f. Respondent has/have Furthermore, the Petitioner AND/OR taken classes, participated in counseling or taken steps to avoid further domestic violence as described here 15g. Superior Court of Arizona in Yavapai County Septmeber 2007 Physical Custody Adjustment or other Adjustments Page 4 of 10 DRDC81f Use only most current version American LegalNet, Inc. www.FormsWorkflow.com 16. Parenting Time: Supervised parenting time between the children and Petitioner OR Respondent is in the best interests of the child(ren) because No parenting time by Petitioner OR interests of the child(ren) because Respondent is in the best Court Approved Discretionary Parenting Time Adjustment or other Adjustments 17. Consent Decree: This is a Consent Decree. The parties have met all requirements of ARFLP, Rule 45. THE COURT ORDERS: 1. LEGALLY SEPARATED: 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) will be satisfied in full or judgment 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 $ . All obligations ordered to be paid by the parties in Temporary Orders dated 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. SPOUSAL MAINTENANCE: 3a. Neither party shall pay spousal maintenance (alimony) to the other party, OR Superior Court of Arizona in Yavapai County Septmeber 2007 Page 5 of 10 DRDC81f Use only most current version American LegalNet, Inc. www.FormsWorkflow.com 3b. Petitioner OR Respondent is ordered to pay the other party the sum of $ per month spousal maintenance beginning AFTER THIS decree is signed. Each payment shall be made by the first day of each month thereafter and shall continue until the receiving party is remarried or deceased OR until (date) . All payments shall be made through the Clerk of the Court by automatic wage assignment until all required payments have been made under this Decree. Payments made shall be included in receiving spouse's taxable income and are tax deductible from the paying spouse's income as required by law. 3c. 4. 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. COMMUNITY PROPERTY AND DEBTS: 4a. Petitioner is ordered to pay all debts unknown to Respondent. 4b. Respondent is ordered to pay all debts unknown to Petitioner. 4c. Each party is ordered to pay debts that he or she incurred since the date the parties separated: (date) . 4d. Other orders and relief relating to community property or debt are contained in Exhibit A, which is attached and incorporated into this Decree. 4e. Each party is assigned his or her separate property and each must pay his/her separate debt. . 4f. 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 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. For previous calendar years, pursuant to IRS rules and regulations, the parties will file: 4g. joint federal and state income tax returns and hold the other harmless from one half of all additional income taxes, if any, and other costs, and each will share equally in any refunds, OR 4h. separate federal and state income tax returns AND Superior Court of Arizona in Yavapai County 9/18/2007 Page 6 of 10 DRDC81f Use most current version American LegalNet, Inc. www.FormsWorkflow.com 4i. 4j. 5. 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. CUSTODY, PARENTING TIME, AND CHILD SUPPORT: 5a. PREGNANCY: A child common to the parties is expected to be born on (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; this Court reserves jurisdiction to address these issues regarding this child when the child is born. 5b. PATERNITY: 5b1. 5b2. is is not the natural father of any child(ren) named below born prior to the marriage. CHILDREN: this Decree includes all minor children common to the parties as follows: NAME OF CHILD Date of Birth Change legal name to Change legal name to Change legal name to 5c. CUSTODY: 5c1. SOLE CUSTODY: Sole custody of the minor child(ren) is awarded to: 5c2. 5c3. 5c4. 5c5. Superior Court of Arizona in Yavapai County 9/18/2007 Petitioner OR [ ] Respondent, subject to parenting time for the noncustodial parent as follows: according to the terms of the Parenting Plan attached as Exhibit B and made a part of this Decree OR pursuant to Yavapai County Child Access Guidelines. 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. Page 7 of 10 DRDC81f Use most current version American LegalNet, Inc. www.FormsWorkflow.com Name of supervisor: ___________________________________ Restrictions on parenting time: The cost of supervised parenting time will be paid by Petitioner OR Respondent OR shared equally by the parties. Physical Custody Adjustment or other Adjustments 5c6. 5c7. No parenting time rights to Respondent. Petitioner OR JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the children, as set forth in the Joint Custody Agreement/Parenting Plan 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. Court Approved Discretionary Parenting Time Adjustment or other Adjustments 5d. CHILD SUPPORT: Petitioner OR Respondent shall pay child support to the other party in the amount of $ per month, BEGINNING (date) 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 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 handling fee by the Order of Assignment . Payments will be made through an automatic wage assignment. Payments will be made in equal installments made on the 1st and 15th of each month. The support obligation will end for each child when that child reaches age 18, OR if that child is still attending high school until graduation or until the end of high school attendance, OR the child is otherwise emancipated, OR the child's death. Superior Court of Arizona in Yavapai County 9/18/2007 Page 8 of 10 DRDC81f Use most current version American LegalNet, Inc. www.FormsWorkflow.com 5e. MEDICAL AND DENTAL INSURANCE, PAYMENTS, AND EXPENSES: 5e1. 5e2. Petitioner OR Respondent shall to provide medical and dental insurance for the minor child(ren). Medical and dental insurance, payments and expenses are based on the information in the Parent's Worksheet for Child Support Amount attached hereto 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. Petitioner shall pay % AND Respondent is ordered to pay % of all reasonable uncovered and/or uninsured medical, dental, prescription, and other health care charges for the minor child(ren), including copayments. 5f. FINANCIAL INFORMATION EXCHANGES: In cases where child support or spousal maintenance are ordered, then until such time as those would end under the orders in this Decree, the parties shall exchange financial information (tax returns, spousal affidavits, earning statements and/or other related financial statements) every twentyfour months. 5g. TAX EXEMPTION: The parties shall claim income tax dependency exemptions on federal and state tax returns in accordance with federal and state tax law. A party required to pay child support is only entitled to claim chil(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: Parent entitled to claim Petitioner Respondent Petitioner Respondent Petitioner Respondent 5h. Name of child Tax year CHILDREN TO WHOM THIS DECREE DOES NOT APPLY: Petitioner AND/OR Respondent has/have no legal obligation or right to the child(ren) born during the marriage but not common to the marriage. These children include: (Use additional paper if necessary) Name Birth date 5h1. Child expected to be born this date: Superior Court of Arizona in Yavapai County 9/18/2007 Page 9 of 10 DRDC81f Use most current version American LegalNet, Inc. www.FormsWorkflow.com 7. QUALIFIED DOMESTIC RELATIONS ORDER (QDRO). A QDRO is not necessary; A QDRO is submitted herewith; A QDRO will be submitted to the court as soon as practicable or not later than (date) This Court shall retain jurisdiction over the subject matter of the QDRO. 8. FINAL APPEALABLE ORDER. Under the Arizona Rules of Family Law Procedure, this judgment/decree is settled, approved and signed by the court and shall be entered by the Clerk of the Superior Court. 9. ATTACHED EXHIBITS: The following Exhibits are attached hereto and made a part hereof: Exhibit A: Community Property and/or Debts Exhibit B: Parenting Plan/Agreement Other: None Superior Court of Arizona in Yavapai County 9/18/2007 Page 10 of 10 DRDC81f Use most current version American LegalNet, Inc. www.FormsWorkflow.com 10. OTHER ORDERS FOR THE LEGAL SEPARATION OF MARRIAGE: Other DONE IN OPEN COURT this _______ day of ___________________, 20_____. JUDGE OR COURT COMMISSIONER IMPORTANT. READ THIS NOTICE. Arizona law (A.R.S. 25-503(I)) states that, with certain exceptions, an unpaid child support order that becomes a judgment by operation of law (this means that it became a judgment when it was due and unpaid) expires 3 years after the emancipation f the last remaining un-emancipated child who was included in the court order unless it is reduced to a formal written judgment by the court. The person who is owed child support must apply in writing to the court to obtain a formal written judgment. OATH AND VERIFICATION OF PETITIONER State of Arizona County of Yavapai ) ) I, , being duly sworn and under oath, state that I have read this Decree and it is true and correct to the best of my knowledge, information and belief. I understand that if the judicial officer finds that I did file this for an improper purpose, contempt or other sanctions may be ordered against me, including assessing me for any and all reasonable costs, attorney fees, or other expenses associated with the improper filing. SIGNED SUSCRIBED AND SWORN to before me this by day of , 20 , My commission expires: Notary Public State of Arizona County of Yavapai OATH AND VERIFICATION OF RESPONDENT – IF CONSENT DECREE ) ) I, , being duly sworn and under oath, state that I have read this Decree and it is true and correct to the best of my knowledge, information and belief. I understand that if the judicial officer finds that I did file this for an improper purpose, contempt or other sanctions may be ordered against me, including assessing me for any and all reasonable costs, attorney fees, or other expenses associated with the improper filing. SIGNED SUSCRIBED AND SWORN to before me this by day of , 20 , My commission expires: Notary Public If either party is represented by a lawyer, the lawyer must sign: Date: Approved by Petitioner's Lawyer: Date: Approved by Respondent's Lawyer: Superior Court of Arizona in Yavapai County 9/18/2007 Page 11 of 10 DRDC81f Use most current version American LegalNet, Inc. www.FormsWorkflow.com