The Arizona DRDC10F form is a legal document used in the Superior Court of Arizona, Yavapai County, primarily for filing a petition for the dissolution of a non-covenant marriage. This form gathers essential information about both spouses, their marriage, and any minor children involved. Completing this form accurately is crucial for moving forward with the divorce process.
When filling out the Arizona DRDC10F form, it is important to be thorough and accurate. Here are some guidelines to follow and some common pitfalls to avoid.
When filling out the Arizona DRDC10F form, it is crucial to ensure accuracy and completeness. Here are key takeaways to consider:
Completing the DRDC10F form accurately is vital for a smooth legal process. Double-check all entries and ensure that all required information is included before submission.
The Arizona DRDC10F form is used to initiate a petition for the dissolution of a non-covenant marriage. It allows individuals to formally request a divorce while providing necessary information about themselves, their spouse, and any minor children involved.
This form is intended for individuals who are representing themselves in a divorce case without a lawyer. It is specifically designed for those who have been married and have minor children or wish to request an order of paternity.
Key information includes:
At least one spouse must have lived in Arizona for a minimum of 90 days before filing the petition. If this condition is not met, the divorce cannot be filed until it is satisfied.
The form provides sections where you can list community property and debts incurred during the marriage. You must specify how you believe these should be divided between you and your spouse.
Yes, the form includes a section where you can indicate whether either party is entitled to spousal maintenance (alimony). You will need to check the appropriate boxes that apply to your situation.
The form outlines how federal and state taxes will be handled after the divorce is finalized. You can specify whether you will file jointly for previous years or separately for the current year and future years.
Yes, there is a dedicated section for listing any children under 18 years old who were born or adopted during the marriage. You will need to provide their names, birth dates, and addresses.
If you require additional space for any sections, you can attach extra pages to the form. Make sure to label them clearly to correspond with the relevant sections of the DRDC10F.
The completed form should be submitted to the Superior Court of Arizona in Yavapai County. Ensure that you follow any specific filing procedures required by the court.
The Arizona DRDC10F form is a crucial document for those seeking a dissolution of marriage in Arizona. However, there are several other forms and documents that often accompany it. These documents help provide a clearer picture of the situation and assist the court in making informed decisions. Below are a few commonly used forms alongside the DRDC10F.
Understanding these documents can simplify the divorce process and help ensure that all necessary information is presented to the court. Each form plays a vital role in addressing various aspects of the dissolution, ultimately leading to a fair resolution for both parties involved.
Arizona Income Tax Forms - Filing accurate information on this form ensures compliance with Arizona withholding laws.
Arizona Form 600a - Consulting the official Arizona Department of Revenue website can provide more details on unclaimed property.
Name:
Mailing Address:
Daytime Telephone:
Representing Self, Without a Lawyer
IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY
In re the marriage of
DO
ATLAS #
PETITION FOR DISSOLUTION
Petitioner
OF A NON-COVENANT MARRIAGE
and
WITH MINOR CHILDREN
and Request for Order of Paternity
Respondent
STATEMENTS TO THE COURT, UNDER OATH
1.INFORMATION ABOUT ME, THE PETITIONER
Date of Birth:
Address:
Occupation:
How long I, the Petitioner, have lived in Arizona:
yrs.
mos.
[ ]
The Petitioner is enlisted in the military, and
[ ] has OR
[ ] has not been
deployed for at least one day during the past 6 months.
2.INFORMATION ABOUT MY SPOUSE, THE RESPONDENT
How long my spouse, the Respondent, has lived in Arizona:
The Respondent is enlisted in the military, and
[
] has OR
[ ] has not
been
3.INFORMATION ABOUT OUR MARRIAGE
Date of Marriage:
City and state or country where married:
We do not have a covenant marriage.
4.90-DAY RESIDENCY REQUIREMENT
[ ] I have, and/or [ ] my spouse has, lived or been stationed while a member of the Armed Forces, in Arizona for at least 90 days before my spouse filed this action. (IF THIS STATEMENT IS
NOT TRUE, YOU CANNOT FILE FOR DIVORCE UNTIL IT BECOMES TRUE.)
Superior Court of Arizona in Yavapai County
Page 1 of 11
DRDC10f
JULy 2010
INFORMATION ABOUT PROPERTY AND DEBTS:
5a. PROPERTY ACQUIRED DURING THE MARRIAGE:
]
My spouse and I did not acquire any community property during the marriage.
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 you believe should get the property.)
DESCRIPTION OF PROPERTY/
HUSBAND
WIFE
SELL &
VALUE OF PROPERTY:
SPLIT
Real estate address:
Legal Description:
Household furniture and appliances:
Household furnishings:
Page 2 of 11
Other items:
Pension/retirement fund/profit sharing/
stock plan/401K:
Motor vehicles:
Make
Model
VIN
Lien Holder
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 it below:
My spouse has property that he or she brought into the marriage. I want this property
awarded to my spouse as described below:
Page 3 of 11
Separate Property: (List the property and the value of the property, and check the box to tell the Court who should get the property.)
6a. DEBTS INCURRED DURING THE MARRIAGE:
My spouse and I did not incur any community debts during the marriage.
We should divide the responsibility for the debts incurred during the marriage as follows:
DESCRIPTION OF DEBT/
AMOUNT OF DEBT:
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:
7.TAX RETURNS:
After the Judge or Commissioner signs the Decree of Dissolution of Marriage (Divorce), we will pay federal and state taxes as follows:
[ ] For previous years (the years we were married, not including the year the Decree is signed), the parties will file joint federal and state income tax returns.
Page 4 of 11
For previous calendar years, both parties will pay and hold the other harmless from
half of all additional income taxes if any and other costs, and each will share equally
in any refunds.
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.
8.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;
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.
9.CHILD(REN) OF THE PARTIES WHO ARE LESS THAN 18 YEARS OLD:
The following child(ren) are under age 18 and were born during the marriage or adopted by me and my spouse: (attach extra pages if necessary)
Child’s Name:
Birth date:
Length of time at address:
Names and addresses of persons lived with for the past five (5) years:
Present addresses of person(s) lived with:
The [ ] Petitioner
OR [ ] Respondent is not the biological or adoptive
parent.
Page 5 of 11
[ ] The [ ] Petitioner OR [ ] Respondent is not the biological or adoptive parent
[ ] The [ ] Petitioner OR [ ] Respondent is not the biological or adoptive parent.
Address :
The following child(ren) are under age 18 and were born prior to the marriage and are common to me and my spouse: (attach extra pages if necessary)
Page 6 of 11
10. CUSTODY OR PARENTING TIME CASES INVOLVING THE MINOR CHILD(REN):
[ ] I HAVE [ ] I HAVE NOT been a party or a witness in court, in this state or any other state, involving the custody or parenting time of any child(ren) named above. (If so, explain below, using extra pages if necessary.)
Name of child:
Court state:
Court location:
Court case number:
Status :
How the child is involved:
Summary of any court order:
11.PENDING/PAST CASES RELATED TO MINOR CHILD(REN): (check one box)
[ ] I DO [ ] I DO NOT know of any court case, in this state or any other state, that could affect this case, including enforcement, domestic violence, protective orders, drugs, sexual offenses, termination of parental rights and adoptions. (If so, explain below, using extra pages if necessary.
Status:
Nature of the proceeding:
Date of conviction:
12.CUSTODY OR PARENTING TIME CLAIMS OF ANY OTHER PERSON: (Check one box)
I KNOW
[ ] I DO NOT KNOW the name and address of any person, other than the Petitioner
or the Respondent, who has physical custody of the child(ren) or claims rights of legal custody,
physical custody or parenting time of any child(ren) named above. (If so, explain below, using extra
pages if necessary.)
Name of each child:
Name of person with the claim:
Address of person with the claim:
Nature of the claim:
13.
PREGNANCY AND PATERNITY:
Wife is not pregnant, OR
Wife is pregnant: Due date
AND,
The Petitioner and Respondent are the parents of the child, OR
Petitioner is not the parent of the child,
OR
Page 7 of 11
Respondent is not the parent of the child.
A child or children was/were born before the marriage. The husband is
the father of that child/those children named below:
14.WRITTEN AGREEMENTS, CHECK ONLY IF TRUE:
For our child(ren), my spouse and I have a written agreement signed by both of us about:
Custody;
Parenting time;
Child support.
My spouse and I have a written agreement not related to the child(ren) and signed by both of
us about
.
I am filing the ORIGINAL Agreement.
15.
The Attorney General's office is involved in this case (TANF, IV-D, etc.).
OTHER STATEMENTS TO THE COURT UNDER OATH: You must tell the Court the truth. Lying to the Court is a crime and the Court can punish you for lying. To file for divorce, you must be able to tell the Court that the following statements are true. If the statements are not true, you cannot file for divorce until the statements are true. Check the box in front of each statement if the statement is true.
STATUS OF MARRIAGE AND CONCILIATION:
TRUE: My marriage is irretrievably broken and there is no reasonable prospect of
reconciliation. (My marriage is over.)
TRUE: The conciliation requirements under Arizona law, A.R.S. 25-381.09 either
do not apply or have been met.
TRUE: This Court has jurisdiction to decide child custody matters under Arizona
law.
REQUESTS TO THE COURT:
1.DISSOLUTION (DIVORCE):
Dissolve the parties' marriage and return each party to the status of a single
person;
2.NAMES:
Restore [ ] wife [ ] husband to her or his former name of
WARNING: If you are not the person who is requesting to have your former name restored, the Court must have a written request from the party who wants his or her name restored to change the name.
3.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
Page 8 of 11
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.
4.COMMUNITY PROPERTY:
Make a fair division of all community property as requested in this Petition.
5.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
6.SEPARATE PROPERTY:
[ ] Award each party his or her separate property.
7.PATERNITY: Declare the husband to be the father of the following named child(ren) born before the marriage and (optional) change the legal name of those children to the name listed below:
Current legal name
Change legal name to:
8.AWARD CHILD CUSTODY AND PARENTING TIME as follows:
SOLE CUSTODY: Sole custody of the minor child(ren) awarded to [ ] Petitioner or
Respondent subject to parenting time for the noncustodial parent as follows:
1.
Reasonable parenting time pursuant to the Yavapai County Child Access
Guidelines;
2.
Reasonable parenting time pursuant to the attached Parenting Plan;
3.
Supervised parenting time. Supervised parenting time is in the best
interest(s) of the child(ren) because unrestricted parenting time would
seriously endanger the child(ren)'s physical, mental, moral or emotional
health. These facts support my claim:
Name of person who will supervise:
The cost of supervised parenting time shall be paid by [ ] Petitioner
[ ] Respondent
[ ] shared equally.
4.
No parenting time: (check and explain ONLY if you want the other party
to have no parenting time): No parenting time between the child(ren) and
the other party is in the best interests of the child(ren) because any parenting
time would seriously endanger the child(ren)'s physical, mental, moral or emotional health.
These facts support my claim:
Page 9 of 11
[ ] JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the minor child(ren) as set forth in the Joint Custody Agreement. (A Joint Custody Agreement
signed by both parents must be attached)
AND
Domestic violence has not occurred during this relationship;
Domestic violence has not been significant. However, domestic violence has
occurred as described in the Petition for Order of Protection(s) filed or as described below:
[ ] Joint custody is in the best interest of the child(ren) even though domestic violence has occurred because:
Furthermore, the [ ] Petitioner AND/OR [ ] Respondent has/have taken classes, participated in counseling or taken steps to avoid further domestic violence as described below:
9.CHILD SUPPORT: Support payments will begin on the first day of the first month following the entry of the Dissolution Decree. These payments, and a fee for handling, will be paid through the Clerk of the Court/Clearinghouse and collected by automatic wage assignment.
Order that child support shall be paid by [ ] Petitioner OR [ ] Respondent in a
reasonable amount as determined by the Court under the Arizona Child Support
Guidelines and according to the Parent’s Worksheet, which shall be filed with this
Petition.
Order that child support be paid in an amount that deviates from the Guidelines
because:
Application of the Guidelines is inappropriate or unjust because:
The parties have signed a written agreement free of duress and coercion with
knowledge of the amount of support that would have been ordered by the
Guidelines but for the agreement. A copy of the agreement is attached.
10.HEALTH, MEDICAL, DENTAL INSURANCE AND HEALTH CARE EXPENSES FOR CHILD(REN): Order that [ ] Petitioner or [ ] Respondent shall pay for health, medical, dental insurance coverage
for the child(ren) under the age of 18 years, and that [ ] Petitioner or [ ] Respondent shall pay for all reasonable unreimbursed medical, dental, health-related expenses incurred for the child(ren) in proportion to their respective incomes as described on the Parent’s Worksheet, which shall be filed with this Petition.
Page 10 of 11
Completing the Arizona Drdc10F form involves providing detailed information about yourself, your spouse, and your marriage. It is essential to ensure that all sections are filled out accurately to facilitate the processing of your petition. Follow the steps below to fill out the form correctly.
Filling out the Arizona DRDC10F form can be a daunting task, and many individuals make mistakes that can lead to delays or complications in their divorce proceedings. One common mistake is failing to provide complete and accurate information about both parties. The form requires specific details such as names, addresses, and dates of birth for both the petitioner and the respondent. Omitting or misreporting this information can result in the court rejecting the form or requiring additional documentation, which can prolong the process.
Another frequent error involves misunderstanding the residency requirements. The form explicitly states that at least one party must have lived in Arizona for a minimum of 90 days before filing for divorce. Many individuals mistakenly believe that this requirement applies only to the petitioner, leading to confusion and potential dismissal of the case. It is crucial for both parties to understand their residency status to ensure compliance with this essential requirement.
In addition, individuals often overlook the section regarding community property and debts. Many people either fail to disclose all property acquired during the marriage or do not accurately represent their debts. This can create significant legal issues later on. The court relies on this information to make fair decisions regarding asset division. Incomplete or inaccurate disclosures can lead to disputes or even accusations of hiding assets, which can complicate the divorce proceedings.
Lastly, a common mistake is related to the spousal maintenance section. Individuals may not fully understand the criteria for eligibility, leading them to either request maintenance when they do not qualify or fail to request it when they do. This misunderstanding can have lasting financial implications for both parties. It is essential to carefully consider the reasons for seeking spousal maintenance and ensure that the appropriate boxes are checked on the form.