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Response To Petition For Legal Separation Of Non-Covenant Marriage Without Minor Children Form. This is a Arizona form and can be use in Yavapai Local County.
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Tags: Response To Petition For Legal Separation Of Non-Covenant Marriage Without Minor Children, Arizona Local County, Yavapai
Name:
Mailing Address:
Daytime Telephone
Representing Self, Without a Lawyer
IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY
Regarding the matter of
DO
RESPONSE TO PETITION
FOR LEGAL SEPARATION OF NONCOVENANT MARRIAGE
Petitioner
and
WITHOUT MINOR CHILDREN
[640]
Respondent
STATEMENTS TO THE COURT, UNDER OATH
GENERAL INFORMATION:
1.
2.
INFORMATION ABOUT MY SPOUSE, THE PETITIONER
Name:
Date of Birth
Address:
Occupation:
How long my spouse, the Petitioner, has lived in Arizona:
yrs.
INFORMATION ABOUT ME, THE RESPONDENT
Name:
Address:
Occupation:
How long I, the Respondent, have lived in Arizona:
mos.
Date of Birth
yrs.
3.
INFORMATION ABOUT OUR MARRIAGE
City and state or country where married:
Date of Marriage:
4.
mos.
ABOUT THE LEGAL SEPARATION
[ ]
I want to be legally separated from my spouse, OR
[ ]
I do not want to be legally separated from my spouse because my marriage is over and I
want to be divorced.
Superior Court of Arizona in Yavapai County
September 2007
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INFORMATION ABOUT PROPERTY AND DEBTS:
5a.
PROPERTY ACQUIRED DURING THE MARRIAGE (check one box)
[ ]
My spouse and I did not acquire any community property during the marriage. Go on to 5b.
[ ]
My spouse and I acquired community property during our marriage, and we should divide it
as follows: (List the property and the value of the property, and check the box to tell the Court
who should get the property.)
DESCRIPTION OF PROPERTY/
VALUE OF PROPERTY:
SELL &
SPLIT
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Real estate address:
WIFE
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HUSBAND
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Legal Description:
Real estate address:
Legal Description:
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Household furniture and appliances:
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HUSBAND
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WIFE
SELL &
SPLIT
Household furnishings:
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Other items:
Pension/retirement fund/profit sharing/
stock plan/401K:
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Motor vehicles:
Make
Model
VIN
Lien Holder
[ ]
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Make
Model
VIN
Lien Holder
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Superior Court of Arizona in Yavapai County
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5b.
PROPERTY ACQUIRED BEFORE MARRIAGE (Separate Property) (Check all boxes that apply.)
[ ]
I do not have any property that I brought into the marriage.
[ ]
My spouse does not have any property that he or she brought into the marriage.
[ ]
I have property that I brought into the marriage. I want this property awarded to me as
described below.
[ ]
My spouse has property that he or she brought into the marriage. I want this property
awarded to my spouse as described below.
Separate Property: (List the property and the value of the property, and check the box to tell
the Court who should get the property.)
DESCRIPTION OF PROPERTY/
VALUE OF PROPERTY
HUSBAND
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WIFE
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5c.
SUMMARY OF WHAT I, THE RESPONDENT, ASK FOR ON PROPERTY THAT IS DIFFERENT
FROM WHAT MY SPOUSE ASKED FOR IN THE PETITION. (Summarize what is different
between your plan for division of property and what your spouse asked for in the Petition.)
6a.
DEBTS INCURRED DURING THE MARRIAGE: (check one box)
[ ]
My spouse and I did not incur any community debts during the marriage. Go on to 6b.
[ ]
We should divide the responsibility for the debts incurred during the marriage as follows:
DESCRIPTION OF DEBT/
AMOUNT OF DEBT:
HUSBAND
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September 2007
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WIFE
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6b.
SEPARATE DEBTS. (Check all boxes that apply.)
[ ]
My spouse and I do not have any debts that were incurred prior to the marriage, OR
[ ]
I have separate debt that I incurred prior to the marriage that should be paid by me as
described below:
[ ]
My spouse has separate debt that he or she or incurred prior to the marriage that should be
paid by my spouse as described below:
DESCRIPTION OF DEBT/
AMOUNT OF DEBT:
HUSBAND
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WIFE
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6c.
SUMMARY OF WHAT I, THE RESPONDENT, ASK FOR ON DEBTS THAT IS DIFFERENT FROM
WHAT MY SPOUSE ASKED FOR IN THE PETITION. (Summarize what is different between your
plan for division of debt and what your spouse asked for in the Petition.)
7.
TAX RETURNS: (Check this box if this is what you want).
After the Judge or Commissioner signs the Decree of Legal Separation, we will pay federal
and state taxes as follows:
[ ]
[ ]
For previous calendar years, both parties will pay and hold the other harmless from ½
of all additional income taxes if any and other costs, and each will share equally in
any refunds.
[ ]
8a.
For previous years (the years we were married, not including the year the Decree was
signed), the parties will file joint federal and state income tax returns.
For the calendar year (the year that the Decree is signed) and all future calendar
years, each party will file separate federal and state income tax returns. Each party
will give the other party all necessary documentation to do so.
SPOUSAL MAINTENANCE (ALIMONY) (check the box that applies to you):
[ ]
Neither party is entitled to Spousal Maintenance (alimony), OR
[ ]
Petitioner OR [ ] Respondent is entitled to Spousal Maintenance because: (Check one or
more of the box(es) below that apply. At least one reason must apply to get spousal
maintenance.)
[ ]
[ ]
[ ]
Person lacks sufficient property to provide for his or her reasonable needs;
Person is unable to support himself or herself through appropriate employment;
Person is the custodian of a child(ren) whose age or condition is such that the person
should not be required to seek employment outside the home;
Superior Court of Arizona in Yavapai County
September 2007
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[ ]
Person lacks earning ability in the labor market adequate to support himself or
herself;
[ ]
Person contributed to the educational opportunities of the other spouse or had a
marriage of long duration and is now of an age that precludes the possibility of
gaining employment adequate to support himself or herself. AND
[ ]
Spousal maintenance 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 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.
8b.
SUMMARY OF WHAT I WANT REGARDING SPOUSAL MAINTENANCE THAT IS DIFFERENT
FROM WHAT MY SPOUSE ASKED FOR IN THE PETITION.
9.
PREGNANCY (check one)
[ ]
Wife is not pregnant OR
[ ]
Wife is pregnant: Due date
AND, (check one box below):
[ ]
Petitioner is not the parent of the child OR
[ ]
Respondent is not the parent of the child.
OTHER STATEMENTS TO THE COURT UNDER OATH: Check what your position is on each statement,
and explain your answer when asked to do so:
10.
CONCILIATION: (Check only one box).
[ ]
The conciliation requirements under Arizona law, A.R.S. § 25-381.09 either do not apply or
have been met OR
[ ]
I do not want to leave separately and apart and there are reasonable prospects of
reconciliation. The conciliation requirements under Arizona law, A.R.S. § 25-381.09 either
apply or have not been met. Explain to the court why you disagree:
[ ] I AM FILING A PETITION FOR CONCILIATION.
11.
GENERAL DENIAL. I deny anything stated in the Petition that I have not specifically admitted,
Superior Court of Arizona in Yavapai County
September 2007
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qualified or denied.
REQUESTS TO THE COURT: (Check the boxes you want.)
A.
REGARDING LEGAL SEPARATION:
[ ]
Legally separate the parties;
[ ]
Change this case to a divorce case because my marriage is over.
B.
SPOUSAL MAINTENANCE (ALIMONY):
[ ] Neither party shall pay spousal maintenance (alimony) to the other party, OR
[ ] Petitioner OR [ ] Respondent is ordered to pay the other party the sum of
$
per month spousal maintenance BEGINNING
AFTER THE 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 the
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.
[ ] 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.
C.
COMMUNITY PROPERTY:
[ ]
Make a fair division of all community property as requested in this Response.
D.
COMMUNITY DEBTS:
[ ]
Order each party to pay community debts as requested in the Petition, and to pay any other
community debts unknown to the other party. Order each party to pay and hold the other
party harmless from debts incurred by him or her since the parties separation on
.
E.
SEPARATE PROPERTY:
[ ] Award each party his or her separate property.
F.
WRITTEN AGREEMENTS.
[ ]
My spouse and I have written agreements that are attached and incorporated into this
Petition about
Superior Court of Arizona in Yavapai County
September 2007
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G.
OTHER ORDERS I AM REQUESTING (Explain request here):
OATH AND VERIFICATION
STATE OF
County of
)
) ss
I, the Respondent, being duly sworn and under oath, state that I have read this Response. All the
statements in the Response are true, correct, and complete to the best of my knowledge and belief.
Signature
SUBSCRIBED AND SWORN to before me this
day of
, 20
, by
.
My Commission Expires:
NOTARY PUBLIC
Copy [ ] mailed [ ] hand-delivered [ ] faxed this date to the person named below
and at the address/fax below:
Date
Superior Court of Arizona in Yavapai County
September 2007
By:
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