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In the midst of navigating through the complexities of dissolving a non-covenant marriage in Arizona, specifically within Yavapai County, individuals find themselves confronted with the DRDC10F form—a document that initiates the process of petitioning for the dissolution of marriage with minor children and includes a request for an order of paternity. This crucial legal document requires thorough attention to detail, as it encompasses comprehensive sections that demand extensive personal information, including details about each spouse, the marriage itself, residency qualifications, and the intricate dynamics of community and separate properties alongside debts incurred both during and before the marriage. Furthermore, it addresses pressing issues like tax return handling post-dissolution, potential claims for spousal maintenance (alimony), and, critically, the arrangements concerning the children born or adopted within the marriage. Each section of the form underscores the petitioner's obligation to provide candid, under-oath statements about various aspects of their marital life and post-divorce expectations, signifying the form's role not only as a procedural necessity but also as a cornerstone for laying down the groundwork for future obligations and rights post-dissolution. As respondents navigate the daunting task of filling out the DRDC10F, they engage in a step-by-step disclosure of their marital assets, debts, and familial relations, thereby setting the stage for the court's decisions on property division, child custody, and maintenance issues.

Arizona Drdc10F Preview

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

Name:

 

 

 

 

 

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

Name:

 

 

 

 

 

Date of Birth:

 

 

 

 

Address:

 

 

 

 

 

 

 

 

 

 

Occupation:

 

 

 

 

 

 

 

 

 

 

How long my spouse, the Respondent, has lived in Arizona:

 

 

 

 

yrs.

 

mos.

[ ]

The Respondent is enlisted in the military, and

[

 

] has OR

 

[ ] has not

been

 

deployed for at least one day during the past 6 months.

 

 

 

 

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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Real estate address:

[ ]

[ ]

[ ]

 

 

 

 

Legal Description:

 

 

 

 

 

 

 

 

 

 

 

[

]

Household furniture and appliances:

 

 

 

 

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

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[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

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[

]

 

 

 

 

[

]

[

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[

]

 

 

 

 

[

]

[

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[

]

 

 

 

 

[

]

[

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[

]

 

 

 

 

[

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[

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[

]

 

 

 

 

[

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[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

[

]

[

]

[

]

[

]

Household furnishings:

 

 

 

 

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

Superior Court of Arizona in Yavapai County

Page 2 of 11

 

 

 

DRDC10f

JULy 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HUSBAND

WIFE

SELL &

 

 

 

 

 

 

 

 

 

 

 

SPLIT

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

[

]

Other items:

 

 

 

 

 

 

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

 

 

 

[

]

[

]

[

]

[

]

Pension/retirement fund/profit sharing/

 

 

 

 

 

 

 

 

stock plan/401K:

 

 

 

 

 

 

 

 

 

 

 

 

 

[

]

[

]

 

 

 

 

 

 

 

 

 

[

]

[

]

 

 

 

 

 

 

 

 

 

[

]

[

]

 

 

 

 

 

 

 

 

 

[

]

[

]

 

 

[

]

Motor vehicles:

 

 

 

 

 

 

 

 

Make

 

[

]

[

]

[

]

 

 

Model

 

 

 

 

 

 

 

 

 

 

VIN

 

 

 

 

 

 

 

 

 

Lien Holder

 

 

 

 

 

 

 

 

 

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:

 

Superior Court of Arizona in Yavapai County

Page 3 of 11

DRDC10f

JULy 2010

 

 

 

 

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/

HUSBAND

WIFE

 

VALUE OF 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/

HUSBAND

WIFE

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:

 

 

 

 

DESCRIPTION OF DEBT/

HUSBAND

WIFE

 

 

AMOUNT OF DEBT:

 

 

[

]

[

]

[

]

[

]

[

]

[

]

[

]

[

]

[

]

[

]

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.

Superior Court of Arizona in Yavapai County

Page 4 of 11

DRDC10f

JULy 2010

 

 

[

]

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:

Address:

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.

 

Superior Court of Arizona in Yavapai County

Page 5 of 11

DRDC10f

JULy 2010

 

 

 

Child’s Name:

Birth date:

Address:

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

Child’s Name:

Birth date:

Address:

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.

Child’s Name:

Birth date:

Address :

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.

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)

Child’s Name:

Birth date:

Superior Court of Arizona in Yavapai County

Page 6 of 11

DRDC10f

JULy 2010

 

 

Address:

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:

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.

Court state:

 

Court location:

 

Court case number:

 

 

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

Superior Court of Arizona in Yavapai County

Page 7 of 11

DRDC10f

JULy 2010

 

 

[

]

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

Superior Court of Arizona in Yavapai County

Page 8 of 11

DRDC10f

JULy 2010

 

 

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

 

 

 

 

OR

[ ] Respondent

OR

[ ] 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:

Superior Court of Arizona in Yavapai County

Page 9 of 11

DRDC10f

JULy 2010

 

 

OR

[ ] 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;

OR

 

 

[

]

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:

OR

[ ] 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.

 

 

 

OR

[

]

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.

Superior Court of Arizona in Yavapai County

Page 10 of 11

DRDC10f

JULy 2010

 

 

File Properties

Fact Detail
Purpose of Form DRDC10F Used for filing a petition for the dissolution of a non-covenant marriage with minor children in Yavapai County, Arizona.
Governing Law Arizona Revised Statutes and the Arizona Rules of Family Law Procedure.
Requirements for Filing Includes a 90-day Arizona residency requirement for at least one spouse before filing for divorce.
Content Areas Addresses various aspects such as property and debt division, spousal maintenance (alimony), child custody, and tax considerations.

Instructions on Utilizing Arizona Drdc10F

Filling out the Arizona DRDC10f form is an essential step in the process of petitioning for the dissolution of a non-covenant marriage, especially when minor children are involved. This process might seem daunting at first, but by breaking down the procedure into clear, manageable steps, individuals can complete the form accurately. Understanding the form’s requirements and providing detailed, correct information is crucial for ensuring the process moves forward without unnecessary delays.

  1. Start by entering your full Name and Mailing Address at the top of the form. Include a current Daytime Telephone number where you can be reached.
  2. Under the section titled "In the Superior Court of Arizona, Yavapai County," provide information about your marriage by entering both your name and your spouse's name in the spaces provided for Petitioner and Respondent respectively.
  3. For the section labeled "Statements to the Court, Under Oath," begin with 1. Information About Me, the Petitioner:
    • Fill in your name, date of birth, address, occupation, and how long you have lived in Arizona.
    • Check the appropriate box to indicate if you are enlisted in the military and whether you have been deployed in the last six months.
  4. Next, complete 2. Information About My Spouse, the Respondent with similar details about your spouse.
  5. In 3. Information About Our Marriage, record your marriage date and location, and confirm that it is a non-covenant marriage by checking the appropriate box.
  6. Address the 4. 90-Day Residency Requirement by checking whether you or your spouse have lived in Arizona for at least 90 days prior to filing this action.
  7. Move to the section on Information About Property and Debts:
    • For 5a. Property Acquired During the Marriage and 5b. Property Acquired Before Marriage (Separate Property), list all relevant items, their descriptions, who owns them (husband, wife, both), and how each should be divided.
    • Discuss 6a. Debts Incurred During The Marriage and 6b. Separate Debts by describing each debt, who owes it, and the amount.
  8. Detail how you will manage 7. Tax Returns after the dissolution of your marriage. This includes how taxes will be filed for previous years and how refunds or liabilities will be shared.
  9. If applicable, fill out the section on 8. Spousal Maintenance (Alimony), checking the box that mirrors your situation and providing the required explanations.
  10. For 9. Child(ren) of the Parties Who Are Less Than 18 Years Old, provide detailed information about each child, including their name, birth date, address, and the history of their living arrangements for the past five years.

After completing all the relevant sections of the form, review your entries carefully to ensure all the information is accurate and complete. Any false statements could impact the outcome of your petition. Once you're satisfied with the information provided, sign and date the form in the designated area. The next step involves filing this form with the Superior Court of Arizona in Yavapai County, along with any applicable filing fees. Remember, this document is the beginning of the legal process for dissolving your marriage, and it's essential to follow any subsequent instructions from the court diligently.

Listed Questions and Answers

What is the Arizona Drdc10F form used for?

The Arizona Drdc10F form is a legal document used in the Superior Court of Arizona in Yavapai County to initiate a divorce proceeding specifically for non-covenant marriages with minor children. It allows the petitioner (the person filing for divorce) to outline the terms of the dissolution including property division, child custody and support, spousal maintenance (alimony), and more, aiming towards an official Request for Order of Paternity if applicable.

Who can file the Arizona Drdc10F form?

This form is designed for individuals representing themselves, without the assistance of a lawyer, seeking a divorce from a non-covenant marriage while having minor children. Either spouse can file as long as they meet residency requirements and are prepared to provide detailed information regarding their marriage, children, property, debts, and other relevant factors to their case.

What are the residency requirements for filing the Drdc10F form in Arizona?

Before filing the Drdc10F form, either the petitioner or their spouse must have lived in Arizona for at least 90 days. This residency requirement ensures that the Arizona courts have jurisdiction over the marriage. Members of the Armed Forces stationed in Arizona are considered residents for the purpose of this requirement.

Can the Drdc10F form be used for covenant marriages?

No, the Drdc10F form cannot be used for the dissolution of a covenant marriage. Covenant marriages have specific legal stipulations and require different documentation for divorce proceedings in Arizona. This form is strictly for non-covenant marriages with minor children involved.

What information do I need to complete the Arizona Drdc10F form?

You will need to provide comprehensive information including: personal details of both spouses, details about your marriage, residency status, a list of all minor children from the marriage, descriptions of community and separate property and debts, tax filing arrangements post-divorce, and any requests for spousal maintenance. Accurate and detailed information is crucial for the court's assessment of your petition.

How is property divided using the Arizona Drdc10F form?

Within the form, petitioners are asked to list all community (joint) property acquired during the marriage along with a proposal for its division. Arizona is a community property state, normally meaning all assets acquired during the marriage are divided equally upon divorce. However, the final property division is determined by the court and takes into account the proposals by both parties and their individual circumstances.

What about child custody arrangements in the Drdc10F filing?

The Drdc10F form requires detailed information about the minor children of the marriage, including their names, birthdates, and residential history. While the form includes sections for presenting proposals regarding the care of the children, custody arrangements are officially determined through a separate court order based on the children's best interests.

How do I file the completed Drdc10F form?

After completing the Drdc10F form, it should be filed with the Clerk of the Superior Court in Yavapai County. There are filing fees associated with the divorce petition; however, individuals experiencing financial hardship may apply for a fee waiver. It’s recommended to keep a copy of the filed document for your records.

Is spousal maintenance automatically granted with the filing of the Drdc10F form?

No, spousal maintenance (alimony) is not automatically granted and must be requested in the Drdc10F form. The petitioner must indicate the reason for requesting spousal maintenance, and the court will make a determination based on factors such as the duration of the marriage, each spouse’s financial resources, and contributions to the marriage among others. The form also allows for the specification of whether the spousal maintenance is to be modifiable or non-modifiable in the future.

Common mistakes

  1. Not providing complete or accurate personal information about themselves or their spouse, including full names, dates of birth, and current addresses. This foundational information is crucial to properly process the form.

  2. Failing to correctly indicate the military status of both parties. This detail affects certain legal considerations, especially concerning residency requirements and potential stays of proceedings under the Servicemembers Civil Relief Act.

  3. Omitting information about the marriage, such as the date and place of marriage or inaccurately stating the marriage's covenant status, which could lead to complications or delays in the processing of the dissolution petition.

  4. Incorrectly listing or failing to list community and separate property, or not accurately indicating how such property should be divided. This mistake can result in disputes or unintended outcomes regarding asset division.

  5. Not properly detailing the debts incurred during and before the marriage, including who is responsible for them. Mismanagement of this section can lead to confusion over financial obligations post-divorce.

  6. Improperly addressing spousal maintenance (alimony) and child-related matters, including custody, support, and visitation. Without clear, accurate information, the court cannot make informed decisions, potentially harming all parties involved.

When filling out the Arizona DRDC10F form, ensuring accuracy and completeness across all sections is essential. Any mistakes, especially in the areas outlined above, can significantly impact the dissolution process's outcome and timeline. Therefore, it's advisable to review the form meticulously before submission, and if possible, seek legal guidance to navigate the complexities of family law effectively.

Documents used along the form

When navigating the legal terrain of filing for divorce and related matters in Arizona, individuals often find themselves needing more than just the initial petition form. The Arizona DRDC10F form, a comprehensive document for initiating a divorce that involves minor children and requests an order of paternity, marks only the starting point. Several other forms and documents typically accompany this form throughout the process, serving various purposes from detailing financial information to protecting child welfare.

  • Parenting Plan Agreement: This document outlines how parents plan to share and manage custody, parenting time, and decision-making responsibilities for their children post-divorce. It's vital for ensuring that the children's best interests are prioritized and clearly defined.
  • Child Support Worksheet: Used to calculate the amount of child support one parent must pay to the other. It considers both parents' incomes, childcare costs, medical insurance, and the amount of time each parent spends with the children.
  • Financial Affidavit: A comprehensive form where each spouse discloses their financial situation, including income, assets, liabilities, and expenses. It's essential for accurate calculation of spousal maintenance (alimony) and the equitable division of assets and debts.
  • Decree of Dissolution of Marriage: The final order that officially ends the marriage once signed by a judge. It incorporates terms about property division, child custody, child support, and spousal maintenance as agreed upon or as decided by the court.
  • Notice of Right to Convert Health Insurance: Informs the parties of their rights regarding the continuation of health insurance coverage post-divorce. This document is critical for ensuring that both parties, and any dependents, maintain necessary health coverage.
  • Income and Expense Declaration: Each party may be required to fill out this form, detailing their monthly income and expenses. It aids the court in understanding each party's financial circumstances, crucial for determining spousal maintenance and child support obligations.

In conclusion, while the Arizona DRDC10F form initiates the divorce process, it's the combination of additional forms and documents that paints the full picture of the marriage's dissolution. Each plays a crucial role in ensuring that the process is fair, comprehensive, and considers the welfare of all involved, especially minor children. Careful preparation and attention to detail in completing these documents can significantly impact the proceedings' outcome.

Similar forms

The Arizona DRDC10F form, specifically designed for petitioning the dissolution of a non-covenant marriage with minor children, shares similarities with other legal documents related to family law and divorce proceedings across various jurisdictions. For example, the "Petition for Dissolution of Marriage" form used in other states like California or New York closely resembles the DRDC10F form. These petitions include personal information about the spouses, details about the marriage, residency requirements, and stipulations regarding division of assets, debts, and child custody. This similarity demonstrates how family law consistently requires detailed information to process divorce proceedings adequately.

Another document that bears resemblance to the Arizona DRDC10F form is the "Financial Affidavit" commonly used in divorce cases. This affidavit requires both parties to disclose their financial status comprehensively, including income, expenses, assets, and debts. Although serving a different specific purpose, its collection of detailed financial data parallels the property and debt sections of the DRDC10F form, emphasizing the importance of financial transparency in divorce cases.

The "Child Custody Agreement" document also shows similarity to the DRDC10F form, especially in sections concerning children from the dissolving marriage. Both documents address the need for detailed plans regarding the care, custody, and support of minor children. This includes living arrangements and future parental responsibilities. The focus on children's welfare in both documents underscores the legal system's prioritization of children's best interests in divorce cases.

The "Petition for Legal Separation" is another similar document, often filed when couples are contemplating separation without an immediate divorce. Like the DRDC10F form, it includes sections on property, debts, and children but does not lead to the dissolution of the marriage. The resemblance lies in the comprehensive outline of the couple's shared responsibilities and assets, aiming to arrange matters legally even if the marriage is not being dissolved.

A "Petition for Annulment" shares fundamental similarities with the DRDC10F form as well, particularly in the sections that outline personal details of the spouses and the nature of their relationship. Both documents serve to legally alter marital status but under different conditions, with an annulment treating the marriage as though it never legally existed. The inclusion of personal and marriage details is vital to both documents for establishing the legal grounds for their respective proceedings.

The "Request for Order" form, often used in family law to request court orders related to custody, support, or property division, parallels the DRDC10F form's sections that petition for specific outcomes, like custody arrangements or division of assets. This document shares the mechanism of formally requesting legal determinations based on outlined circumstances and desired outcomes, albeit more broadly across family law matters beyond just divorce.

"Pretrial Statements" in divorce cases, required in some jurisdictions before trial, share the comprehensive nature of the DRDC10F form in requiring detailed disclosure of each party's position on matters like assets, debts, and child custody. These statements facilitate an organized trial process by preemptively presenting the information to the court, similar to how the DRDC10F form organizes and presents the needs and wants of the petitioning party.

The "Separation Agreement" document, though not always a court form, often outlines the mutual understanding between spouses regarding the division of assets, debts, child support, and custody. Its resemblance to the DRDC10F form lies in its detailed approach to resolving marital issues amicably, aiming to avoid further disputes. This agreement can cover much of the same ground as the DRDC10F, albeit typically as a mutual contract rather than a court petition.

The "Marital Settlement Agreement" closely aligns with the Arizona DRDC10F form by detailing how divorcing spouses have agreed to settle matters of property, debt, spousal support, and child custody. This agreement is often part of finalizing a divorce and can resemble the DRDC10F form in its comprehensive coverage of every aspect of the marriage dissolution, tailored towards ensuring a fair and clear division and responsibilities.

Lastly, the "Child Support Order" documents, while specifically focusing on financial support for children, share the DRDC10F form's attention to children's welfare in divorce proceedings. They outline financial responsibilities towards minor children but within the broader scope of ensuring children's needs are met post-divorce, demonstrating the legal system's focus on child welfare within family law disputes.

Dos and Don'ts

When you're filling out the Arizona DRDC10F form, it is crucial to do so accurately and responsibly. This document, used in divorce proceedings especially when minor children are involved, requires careful attention. Here are some guidelines to follow and pitfalls to avoid ensuring that the process goes smoothly.

Do:

  1. Read the entire form first. Understand every section before you start writing to avoid any mistakes that could complicate your proceedings.
  2. Provide accurate and truthful information. Your responses are under oath, and any false statement can have legal repercussions.
  3. Use a black or blue ink pen if filling out by hand. These colors are standard for legal documents and ensure readability.
  4. Attach additional pages if necessary. If you run out of space when providing information about your children, properties, or debts, attach extra sheets and clearly indicate what question you're continuing to answer.
  5. Consult the instructions or a legal advisor if you're unsure. Don't guess when it comes to legal forms. If you have any doubt about how to complete a section, seek guidance.
  6. Review your answers. Double-check for errors or omissions that could delay your case.
  7. Keep a copy for your records. After submission, having your own copy is crucial for future reference or in case of any disputes.

Don't:

  1. Leave sections blank. If a section doesn't apply, write 'N/A' (not applicable) or 'None.' An empty space can be misinterpreted as an oversight.
  2. Use white-out or scribble out errors. If you make a mistake, it's better to start over on a new form to maintain clarity and legibility.
  3. Rush through the form. Take your time to ensure that each response is considered and correct.
  4. Forget to sign and date. Your signature is required to validate the form, and forgetting this step can invalidate the document.
  5. Overlook the residency requirement. If you haven't met the stated residency duration, wait until you do before filing.
  6. Try to hide assets or debts. Full disclosure is necessary, and failure to comply could result in legal penalties.
  7. Assume instant legal validity. Understand that the process includes submission, possible revision, and approval by the court before any changes are legally recognized.

By following these dos and don'ts, you'll be better prepared to fill out the Arizona DRDC10F form effectively and accurately, paving the way for a smoother legal process.

Misconceptions

When navigating the intricacies of legal documentation, particularly in family law, misconceptions are common. The Arizona DRDC10F form, a document required for filing a petition for the dissolution of a non-covenant marriage with minor children, is no exception. This document, while straightforward to legal professionals, can often be misunderstood by those it most affects: the petitioning parties. Highlighted below are eight common misconceptions about the Arizona DRDC10F form and explanations to dispel these misunderstandings.

  • Only the petitioner needs to fill out the form: Both parties involved should review the contents of the form. Although the petitioner initiates the process, the information provided will affect both parties, especially in regards to decisions about assets, debts, and the care of any children involved.
  • The form covers child support details: While the form does ask for information regarding children of the marriage, including a request for an Order of Paternity, detailed child support arrangements are not determined with this form. Child support considerations are typically handled separately to ensure the best interests of the child(ren) are met.
  • All marital assets and debts are to be split 50/50: The form allows for the designation of how marital property and debts should be divided, but this does not necessarily mean a 50/50 split. The division of assets and debts will depend on several factors, including the duration of the marriage and each party's financial situation.
  • Submission of the form automatically grants a divorce: Filing the DRDC10F form is a step in the process of obtaining a divorce, but it does not automatically result in the dissolution of marriage. The process includes other steps, such as serving the documents on the other party and possibly attending court hearings.
  • Spousal maintenance (alimony) is guaranteed: Spousal maintenance is not assured by simply completing the form. Eligibility for spousal maintenance depends on specific criteria, such as the length of the marriage, the standard of living during the marriage, and the age and employment skills of the spouse seeking maintenance.
  • Separate property does not need to be disclosed: Even if a spouse believes an asset to be their separate property, it should be disclosed on the form. Transparency in disclosing assets ensures fairness and can prevent legal complications down the line.
  • The form must be completed without legal advice: While the form states it is for those representing themselves, seeking advice from a legal professional is encouraged to ensure that rights are protected and the process is understood fully.
  • Residency requirements are negotiable: The requirement that one or both spouses have lived or been stationed in Arizona for at least 90 days before filing is strict. This residency requirement is a legal prerequisite for filing in the state and cannot be waived or negotiated.

Clearing up these misconceptions can help parties involved in filing a DRDC10F form better understand the process and set realistic expectations. Legal documentation, especially forms related to family law, can have significant implications. It's essential for individuals to approach these documents with clear information and, when possible, with guidance from legal professionals.

Key takeaways

Filling out the Arizona DRDC10F form, crucial for petitioning for the dissolution of a non-covenant marriage with minor children involved, requires a careful approach. Here are seven key takeaways to ensure the process is both accurate and compliant:

  • Personal and Spousal Information: Detailing personal information for both petitioner and respondent accurately is vital, including names, birth dates, addresses, and occupation details. Special attention should be given to the military status of both parties, including any deployments within the last 6 months.
  • Residency Requirement: At least one party must have lived in Arizona or been stationed there as a member of the Armed Forces for at least 90 days before filing the action. This residency requirement is pivotal for the court's jurisdiction over the case.
  • Marriage and Separation Details: The form requires clear specifics about the marriage, including the date, city, and state or country of the marriage ceremony, as well as a declaration that the marriage is not a covenant one. Accurately providing these details is crucial for the dissolution process.
  • Property and Debts: Disclosures regarding property acquired during the marriage, property acquired before the marriage, debts incurred during the marriage, and separate debts are essential. For each asset or debt, you must indicate who should assume ownership or responsibility post-divorce, ensuring a fair division.
  • Tax Returns and Responsibilities: The agreement on handling past and future tax returns – whether filing jointly or separately – must be explicitly stated. This includes any liabilities and refunds from joint filings during the marriage.
  • Spousal Maintenance (Alimony): The form allows for stipulating whether either party is entitled to spousal maintenance based on various criteria, such as earning abilities, duration of the marriage, and contributions to the other spouse’s education. Decisions on whether the maintenance is modifiable or non-modifiable in the future are also to be declared.
  • Minor Children: When children are involved, details about each child, including names, birth dates, and living arrangements for the past five years, must be meticulously noted. Additionally, determinations regarding the legal parentage and responsibilities for each listed child are required.

Each section of the DRDC10F form plays a critical role in ensuring the court has a comprehensive understanding of both parties' circumstances, leading to informed decisions about property division, child custody, and other aspects of the divorce proceedings. It is imperative that the information provided is accurate and reflective of the current situation to facilitate a fair and equitable resolution.

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