The Arizona Temporary Orders form is a legal document used to request temporary decisions from the court regarding matters such as parenting time, legal decision-making, and financial support while a case is pending. These orders serve as immediate solutions to pressing issues that may arise during the lengthy process of legal proceedings. Understanding how to properly navigate this form can significantly impact the outcome of your case.
When filling out the Arizona Temporary Orders form, it's essential to approach the process carefully. Here are five important do's and don'ts to keep in mind:
By following these guidelines, you can navigate the process more smoothly and increase your chances of achieving the temporary orders you seek.
Filling out and using the Arizona Temporary Orders form involves several important steps and considerations. Here are key takeaways to guide you through the process:
Temporary Orders are provisional decisions made by the court during ongoing legal proceedings. They can address various matters, including legal decision-making, parenting time for minor children, or support payments. It is important to note that these orders are temporary and may differ from the final decisions made in the case.
Both the Petitioner and the Respondent have the right to request Temporary Orders. A request can only be made if a Petition has been filed in Pima County Superior Court. This Petition may pertain to issues such as dissolution, paternity judgment, legal decision-making, parenting time, or support. If there are ongoing proceedings in a different court, filing for Temporary Orders in Pima County is not permitted.
Temporary Orders can be essential during the lengthy process of finalizing a case. They help manage immediate concerns, ensuring that necessary actions are taken while waiting for a final resolution. You may need Temporary Orders for reasons such as:
You may file your request for Temporary Orders simultaneously with your Petition or Response. The sooner you file, the sooner the court can address urgent issues. If you are the Petitioner, requesting Temporary Orders when the other party files a Response is also advisable, as it indicates disagreement and may prolong the case. Temporary Orders can sometimes encourage the other party to settle by imposing temporary obligations.
While it is possible to navigate the process without legal assistance, complex legal issues may arise where consulting a lawyer is beneficial. Some lawyers offer limited services, allowing you to complete court forms independently while receiving targeted guidance. For further assistance, contacting the Self-Service Center at (520) 724-8456 is recommended.
The process to request Temporary Orders involves several steps:
After filing, a judge will review your forms, schedule a hearing, and issue an Order to Appear.
Once you have filed your request for Temporary Orders, the court will review your forms and schedule a hearing. If the situation is not an emergency, the hearing will typically occur within 4 to 6 weeks. You can either pick up the forms at the court or wait for them to be mailed to you.
Yes, notifying the other party is essential. You must ensure they receive copies of all filed paperwork, a process known as "service." The court generally requires that this service occurs at least 10 days before the hearing. Proper service includes providing copies of relevant documents, such as the Verified Motion for Temporary Orders and financial affidavits.
During the hearing, both parties will present their arguments regarding the Temporary Orders. The hearing usually lasts between 30 minutes to an hour. If additional time is needed, the judge may continue the hearing to a later date. After the hearing, the judge will either announce a decision immediately or provide a written decision at a later time.
When navigating the legal landscape of temporary orders in Arizona, several forms and documents may accompany the Arizona Temporary Orders form. Each of these documents plays a specific role in the process, ensuring that the court has the necessary information to make informed decisions. Understanding these documents can help individuals better prepare for their hearings and manage their cases effectively.
Each of these documents serves a specific purpose in the process of requesting temporary orders in Arizona. Familiarity with these forms can enhance understanding and preparedness, ultimately contributing to a smoother legal experience. It is advisable to carefully follow the instructions associated with each document to ensure compliance with court requirements.
Corporation Commission - Consult a professional if you have questions about the form.
University of Arizona Tucson - Being proactive about financial aid can positively impact college plans.
TEMPORARY ORDERS
PRE-JUDGMENT or -DECREE
Packet # 13A
These forms must not be used to engage in the unauthorized practice of law. The court is not responsible for (1) actions taken by the users of these forms or
(2)users’ reliance upon the instructions or information provided.
GENERAL INFORMATION &
Frequently Asked Questions
What are Temporary Orders?
They are temporary decisions by the court. For example, they may include temporary decisions on legal decision-making and parenting time of minor child(ren) or support payments.
The important thing is that these are TEMPORARY.
These temporary decisions made by the court may or may not be the same as the decisions made in the final decree or judgment.
Who can ask for Temporary Orders?
Either the Petitioner or the Respondent can request Temporary Orders.
You can only ask for temporary orders if you or the other party has filed a Petition in Pima County Superior Court. The petition can be for dissolution, paternity judgment, legal decision- making, parenting time, or support.
If there are ongoing proceedings in another court, you cannot file for temporary orders in Pima County.
Why might I need Temporary Orders?
It can take a long time from the start of your case to the time it is finalized. While you are waiting, temporary orders may be necessary to make sure that you and the other party does or does not do certain things.
You may want to ask for temporary orders if:
You need financial assistance for yourself or your child(ren) while the case is pending
The other party will not leave the family residence and you cannot live together
You need decisions about parenting time or legal decision-making
When can I ask for Temporary Orders?
You may file your request at the same time as you file your Petition or Response. The sooner you file, the sooner immediate issues—like having the other party leave the family home or getting financial assistance—can be addressed. Just remember, you can only request temporary orders in Pima County if a petition has been filed in Pima County.
If you are the petitioner, another good time to request temporary orders is when the other party
files a Response. This means the other party disagrees with some or all of what you asked for in your petition. It also means that the case may take longer to finalize. Temporary orders may make the other party more willing to settle because he or she may be ordered to make temporary payments that might not be included in the final decree or judgment.
Do I need a lawyer’s help?
There are times when more complex legal problems will come up, and you may want to get the advice of a lawyer. There are lawyers who will help you help yourself. This means that they will only charge you for giving you the help that you need: you can complete the court forms on your own or ask the lawyer for help.
For more information, call the Self-Service Center at (520) 724-8456.
This symbol is a warning. It can mean a few different things:
The topic can be confusing and you may need to ask a lawyer for help
You may need to make sure that something is done
Whenever you see this symbol, MAKE SURE you read the information carefully
and understand it fully.
How do I request Temporary Orders?
Step 1: Follow the instructions in this packet to fill out the necessary forms.
Step 2: Make 3 copies of:
OVerified Motion for Temporary Orders – required for all requests
ORequest for Temporary Orders Hearing Date – required for all requests
OOrder to Appear RE: Temporary Orders – required for all requests
ORelevant financial affidavit –
Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.
Child support only? Complete the Child Support Financial Affidavit.
OParent’s Worksheet for Child Support Amount – if you are asking for temporary child support. See Packet # 8, Child Support.
Step 3: File the papers with the court. Take all of the copies to the clerk of the court, located on the first floor of the Superior Court Building [110 West Congress, Tucson, AZ 85701. Open 8 am to 9 pm, Monday through Friday, except legal holidays]. Arrive at the court at least an hour before it closes. Tell the clerk that you want to file temporary orders paperwork and schedule a
hearing. The clerk will take your original forms and one set of copies and will stamp your original Verified Motion Re: Temporary Orders and financial affidavit.
If you would like the paperwork returned to you by mail after the judge reviews your forms, provide a self-addressed, postage-paid envelope to the clerk. Otherwise you can pick the paperwork up later.
What do I do now?
After you file your request for temporary orders, a judge will review the forms, schedule a hearing, and issue an Order to Appear. If the situation is not an emergency (as specified on the Verified Motion) the court will schedule your hearing at the earliest available date, which may be in 4 to 6 weeks.
Approximately 10 days after you file, if a judge has signed your Order to Appear Re: Temporary Orders, you can pick up the forms at Superior Court, or the clerk of the court will mail the paperwork to you in the envelope you provided at the time you filed.
Do I need to let the other party know I requested Temporary Orders?
YES! You are responsible for making sure the other party receives copies of all your paperwork you file. This is called “service” and helps assure that the other party knows what is going on with the case. The court usually requires that you serve the other party at least 10 days before a scheduled hearing.
For proper service include:
1 copy of the Verified Motion for Temporary Orders
1 copy of the Order to Appear Re: Temporary Orders, signed by the judge
1 copy of your completed financial affidavit
Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.
Child support only? Complete the Child Support Financial Affidavit.
1 copy of all financial forms listed on the relevant financial affidavit
DO NOT file these documents.
1 blank copy of the financial affidavit(s), for the other party to complete
1 copy of the ARIZONA SUPERIOR COURT, PIMA COUNTY LOCAL RULE 8.5, included in this packet
For Petitioners: If you file your temporary orders request at the same time as you file your Petition, the request can be served along with your other Petition forms once you get the judge- signed Order to Appear. For more information, see Packet # 10, Service on the Other Party.
If you properly serve the other party but you file the Affidavit of Service before the hearing on temporary orders, bring a copy of the affidavit to the hearing.
If the other party has already filed a Response, you can mail the documents that must be served to the mailing address the other party used in the Response.
For Respondents: If the other party has filed a Petition, you can mail the documents that must be served to the mailing address used on the Petition.
What should I expect at my hearing?
At the hearing you and the other party will tell the court why temporary orders should or should not be granted. The hearing is generally short, lasting 30 minutes to an hour. If it needs to go longer the judge may continue it to a later date. After the hearing the judge will make a decision—either right then from the bench and tell you about it or by sending you a written
decision later.
Instructions for Completing
Verified Motion for Temporary
Orders, Pre-Judgment/Decree
This form is required for all Temporary Order requests.
The Caption
OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.
OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.
OPetitioner – Enter the Petitioner’s name.
ORespondent – Enter the Respondent’s name.
VERIFIED MOTION FOR TEMPORARY ORDERS
Tell the court what sort of temporary orders you want.
OCheck all boxes that apply
REQUIRED INFORMATION FROM ME, UNDER OATH: 1. Petition
OEnter the date the Petition was filed
2.No other orders
OCheck this box to assure the court that you do not know of any ongoing proceedings concerning this case happening outside Pima County. If this is not true, do not continue.
3.Minor Children
OWrite the name, date of birth, address, and county of residence of all minor children affected by this case.
THIS IS WHAT I WANT THE COURT TO ORDER
4. Legal Decision-Making for the minor child(ren) in common
OCheck if you want temporary orders concerning legal decision-making and you already
checked the “legal decision-making and parenting time” box at the top of the Verified Motion.
Check to request
OSole legal decision-making
OJoint legal decision-making
For more information, see Packet # 9, Parenting Plans.
5. Parenting Time for the minor child(ren) in common
OCheck if you want temporary orders concerning parenting time and you already checked the “legal decision-making and parenting time” box at the top of the Verified Motion.
OAttach a completed Parenting Plan. See Packet # 9.
6.Child Support for the minor child(ren) in common
OCheck if you want temporary orders concerning child support and you already checked the “child support” box at the top of the Verified Motion.
OAttach a completed Parent’s Worksheet for Child Support Amount. See Packet # 8, Child Support.
7.Spousal Maintenance
OCheck if you want temporary orders concerning spousal maintenance and you already checked the “spousal maintenance (alimony)” box at the top of the Verified Motion.
OAttach a completed Financial Affidavit, included in this packet.
By checking the box and attaching the affidavit you are telling the court that you currently lack sufficient property or income to provide for your reasonable needs and that the other party is employed or employable and financially capable of providing temporary spousal maintenance to you.
OWrite on the line the amount of temporary monthly spousal maintenance you are requesting.
8.Medical Insurance and/or Costs
OCheck if you want temporary orders concerning who will pay for you and the minor children’s temporary medical, dental, and health insurance, or for the out-of-pocket temporary medical, dental, and health expenses reasonably incurred by you and the
minor children.
9 a-b. Property
OCheck if you want orders concerning a temporary division of property and you already checked the “property and/or debt” box at the top of the Verified Motion.
OList the property that should be temporarily given to you.
OList the property that should be temporarily given to the other party.
10 a-b. Debts
OCheck if you want orders concerning the temporary assignment of debt and you already checked the “property and/or debt” box at the top of the Verified Motion.
OWrite the debts, amounts, and creditors that you will pay.
OWrite the debts, amounts, and creditors that the other party will pay.
11.Other Reasons and/or Other Requests
OCheck the box if you have any other reasons for temporary orders or any additional temporary order requests and you already checked the “other” box at the top of the
Verified Motion.
ODescribe the reason(s) and request(s) on the lines.
OATH AND VERIFICATION
ODO NOT SIGN the form except in front of a notary. When you file the papers with the court, sign the form in front of the clerk. The clerk will notarize your signature for free. You must bring a valid, government-issued picture ID (such as a driver’s license) so the clerk knows whose signature is being verified.
OYou can write your name on the first line and check whether you are “Petitioner” or “Respondent,” but do not sign.
Name: ___________________________________
Address: _________________________________
City, State, ZIP: ____________________________
Daytime Telephone No: ______________________
Representing Self, Without a Lawyer
ARIZONA SUPERIOR COURT, PIMA COUNTY
Case No._______________
_____________________________________
Petitioner
VERIFIED MOTION FOR
TEMPORARY ORDERS [PRE]
v.
(Check all that apply)
For Legal Decision-Making and
Parenting Time
For Child Support
______________________________________
For Spousal Maintenance (alimony)
Respondent
For Property and/or Debt
Other
REQUIRED INFORMATION FROM ME, UNDER OATH, CHECK ALL THAT APPLY:
1.Information about the Petition for Dissolution (divorce) or Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support. (NOTE: You cannot request a temporary or a temporary/emergency order unless you or the other party has completed and filed a Petition for Dissolution of Marriage or a Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support.)
Date petition was filed: ________________________________
The allegations of the Petition for Dissolution or the Petition for Paternity with Legal Decision- Making, Parenting Time, and Child Support are incorporated herein by reference.
2.(You must check here, and this must be true) To the best of my knowledge, no temporary orders regarding these matters have been entered in any other court, and no court proceedings are pending for temporary orders.
3.The minor children affected by this Petition, if any, are:
(include an additional page, if necessary)
Name __________________________
Name ___________________________
Date of Birth _____________________
Date of Birth ______________________
Address _________________________
Address __________________________
________________________________
_________________________________
County of residence _______________
County of residence ________________
THIS IS WHAT I WANT THE COURT TO ORDER:
4. LEGAL DECISION-MAKING FOR THE MINOR CHILD(REN) IN COMMON:
I am the fit and proper person to be awarded temporary sole legal decision- making of the minor child(ren) and such legal decision-making is in the best interests of the child(ren).
I believe that both parents are fit and proper persons to be awarded temporary joint legal decision-making for the minor child(ren) and such legal decision-making is in the best interest of the child(ren).
5. PARENTING TIME FOR THE MINOR CHILD(REN) IN COMMON:
Each party should be granted reasonable temporary parenting time as described in the attached Parenting Plan.
6. CHILD SUPPORT FOR THE MINOR CHILD(REN) IN COMMON:
An order requiring the opposing party to pay to me a reasonable sum for temporary
child support as determined by the Arizona Child Support Guidelines, according to the Parent’s Worksheet for Child Support that is attached.
7.SPOUSAL MAINTENANCE:
a.Attached is a Financial Affidavit showing that I currently lack sufficient property or income to provide for my reasonable needs.
b.The other party is employed or employable and is financially capable of providing temporary spousal maintenance to me.
c.An order requiring temporary spousal maintenance in the amount of $ ________
per month.
8.MEDICAL INSURANCE AND/OR COSTS:
An order requiring a party to provide temporary medical, dental, and health insurance for my benefit and for the children, and how the uncovered medical, dental, and health expenses incurred will be paid.
9.PROPERTY: (include an additional page, if necessary)
a.To me: __________________________________________________________
________________________________________________________________
b.To the other party:_________________________________________________
10.DEBTS: (include an additional page, if necessary)
a.I Should Pay:
DEBTAMOUNTCREDITOR
__________________ _________________ _________________
Filling out the Arizona Temporary Orders form is a crucial step in ensuring that immediate issues related to your case are addressed. After submitting the necessary paperwork, a judge will review your request and schedule a hearing. The following steps outline how to properly complete the form and file it with the court.
Once you have filed your request, the next steps involve waiting for the judge to review your forms and schedule a hearing. It is essential to notify the other party about your request for temporary orders, as this ensures they are aware of the proceedings. Proper service of the documents is required at least ten days before the scheduled hearing.
Filling out the Arizona Temporary Orders form can be a daunting task, and many individuals make mistakes that can complicate their case. One common error is failing to provide complete and accurate information. Incomplete forms can lead to delays in processing and may result in the court rejecting your request. It is essential to double-check all entries for accuracy and completeness before submission.
Another frequent mistake is not filing the request in a timely manner. If you wait too long after filing your petition or response, you may miss the opportunity to have immediate issues addressed. The sooner you file for temporary orders, the quicker the court can respond to urgent matters, such as child support or housing disputes.
Many individuals overlook the importance of notifying the other party about the request for temporary orders. This step, known as "service," is crucial. Failing to properly serve the other party can result in the court delaying your hearing or dismissing your request altogether. Ensure that you follow the proper procedures for service and keep documentation to prove it was done.
Additionally, some people neglect to make the necessary copies of their documents. The court requires specific forms to be submitted in triplicate. Forgetting to bring enough copies can lead to delays and additional trips to the courthouse. Always prepare the required number of copies before heading to file your paperwork.
Another mistake involves misunderstanding the nature of temporary orders. Some individuals mistakenly believe that these orders will be permanent. It is crucial to remember that temporary orders are, by definition, provisional. They may not reflect the final decisions made in your case, and being clear about this can help manage expectations.
Moreover, individuals sometimes fail to address the financial affidavit correctly. If you are seeking spousal maintenance or child support, it is vital to complete the appropriate financial affidavit accurately. Inaccurate financial information can undermine your request and affect the court's decision.
Another error is neglecting to prepare for the hearing itself. Many individuals assume that simply filing the paperwork is sufficient. However, being unprepared for the hearing can significantly impact the outcome. Familiarize yourself with the details of your case and be ready to present your arguments clearly and concisely.
Finally, some people ignore the importance of seeking legal advice when necessary. While it is possible to navigate the process on your own, complex situations may require professional guidance. Consulting with a lawyer can help ensure that your paperwork is filled out correctly and that you understand your rights and obligations.