Deputy Clerk Attorney

Location:

Phoenix, AZ

Posted:

May 07, 2022

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SUPERIOR COURT OF ARIZONA

IN COUNTY

Petitioner

Respondent

Case Number:

ATLAS Number:

CONSENT DECREE OF:

[ ] DISSOLUTION OF MARRIAGE (DIVORCE)

[ ] LEGAL SEPARATION

[ ] with minor children

[ ] without minor children

in a Non-Covenant Marriage

THE COURT FINDS:

1. This case has come before this Court for a final Decree of Dissolution of Marriage or Legal Separation. The Court has taken all testimony needed to enter a Decree, or the Court has determined testimony is not needed to enter the Decree.

2.This Court has jurisdiction over the parties under the law.

3. This Court has jurisdiction under A.R.S. § 25-1031 over the child(ren), if any, in this matter.

4. Where it has the legal power and where it is applicable to the facts of this case, this Court has considered, approved, and made orders relating to issues of spousal maintenance (alimony), the division of property and/or debts, legal decision-making (custody), parenting time, and support of any minor children.

5. The provisions of this Decree are fair and reasonable under the circumstances and in the best interests of the minor children, if any, and the division of property and debt is fair and equitable.

6. ARIZONA RESIDENCY. The requirements of A.R.S. § 25-312 for dissolution of marriage, or A.R.S. § 25-313 for legal separation have been met: If this is an action for legal separation, at the time this action was filed, Petitioner or Respondent was domiciled in Arizona or was stationed in Arizona while a member of the United States Armed Forces. If this is an action for dissolution of marriage (divorce), Petitioner or Respondent was domiciled or stationed in Arizona for more than 90 days.

7. CONCILIATION COURT. The provisions relating to the Conciliation Court either do not apply or have been met.

8. PREGNANCY:

[ ] Petitioner is not pregnant.

[ ] Petitioner is pregnant and Respondent [ ] is OR [ ] is not a parent of the child.

[ ] Respondent is not pregnant.

[ ] Respondent is pregnant and Petitioner [ ] is OR [ ] is not a parent of the child.

9.IRRETRIEVABLY BROKEN OR SEPARATE AND APART. The marriage is irretrievably broken or the parties desire to live separate and apart.

10. COVENANT MARRIAGE. This is a non-covenant marriage.

11. PROTECTIVE ORDERS. Following is the effect, if any, of this Consent Decree on any existing protective orders.

12. COMMUNITY PROPERTY AND DEBT. (Select one.)

[ ] The parties did not acquire any community property or debt during the marriage.

[ ] The parties have agreed to a division of community property and/or debt as evidenced by their signatures on “Exhibit A” attached to and incorporated into this Decree. All community property and debt is divided pursuant to this Decree.

13. SEPARATE PROPERTY AND DEBT:

[ ] The parties did not acquire any separate property or debt during the marriage.

[ ] There is an agreement as to division of separate property and debt; all separate property and debt is divided pursuant to this Decree.

14.SPOUSAL MAINTENANCE/SUPPORT. (Select one.)

[ ] Neither party is entitled to an award of Spousal Maintenance/Support.

[ ] A party is entitled to an award of Spousal Maintenance/Support for the reason that:

[ ] Petitioner, OR [ ] Respondent

lacks enough property, including property given to him or her as part of this divorce or legal separation, to provide for his or her reasonable needs, and

is unable to support himself or herself through an appropriate job, or

he or she is providing the primary care to child(ren) of young age or

is of a condition that they should not be required to look for work outside the home, or

lacks earning ability necessary to support himself or herself, or

contributed significantly to the educational opportunities of the other spouse, or

had a marriage that lasted a long time and is of an age that may severely limit the possibility of getting a job to support himself or herself, or

had a marriage that lasted a long time and is of an age that may severely limit the possibility of getting a job to support himself or herself.

If spousal maintenance is to be awarded, the parties further agree: (Select one.)

[ ] Spousal maintenance award shall be modifiable in accordance with Arizona law.

[ ] That the circumstances of their futures are unknown, but each desires that the spousal maintenance awarded by their agreement, not be modifiable in the future for any reason.

If there are no minor children, check this box and skip to “The Court Orders” section.)

15.[ ] THERE ARE NO MINOR CHILDREN IN THIS MARRIAGE, therefore statements numbered 16 through 23 below do not apply.

16.[ ] THIS ORDER APPLIES TO THE FOLLOWING CHILD(REN):

Name

Date of Birth

[ ] Same information for additional children listed on attached page made part of this document by reference.

17. PATERNITY:

[ ] Petitioner and Respondent are the parents of these children born to the parties before the marriage:

Name

Date of Birth

18. PARENT INFORMATION/EDUCATION PROGRAM.

A.[ ] Petitioner has attended the Parent Information/Education Program class as evidenced by the Certificate of Completion in the court file.

[ ] Petitioner has not attended the Parent Information/Education Program and shall be denied any requested relief to enforce or modify this decree until Petitioner has completed the class.

B. [ ] Respondent has attended the Parent Information/Education Program class as evidenced by the Certificate of Completion in the court file.

[ ] Respondent has not attended the Parent Information/Education Program and shall be denied any requested relief to enforce or modify this decree until Respondent has completed the class.

19. CHILD SUPPORT.

CHILD SUPPORT GUIDELINES: The required financial factors and any discretionary adjustments pursuant to the Arizona Child Support Guidelines are as set forth in the Parent’s Worksheet for Child Support Amount, attached and incorporated by reference. The Court finds that Petitioner and Respondent owe a duty to support the child(ren) listed.

Child support has been determined in accordance with the Arizona Child Support Guidelines.

20. DOMESTIC VIOLENCE.

IF there has been domestic violence between the parties AND legal decision-making (custody) is to be shared with or awarded to a parent who has committed domestic violence, check appropriate box and explain. (A.R.S. § 25-403.03)

A.[ ] Domestic violence has not occurred between the parties.

B.[ ] Domestic Violence has occurred between the parties, but:

1.[ ] it was mutual (committed by both parties), (see A.R.S. § 25-403.03 (D))

2.[ ] it is otherwise still in the best interests of the minor child(ren) to grant joint or sole legal decision-making (joint or sole custody) to a parent who has committed domestic violence because: (EXPLAIN)

21. DRUG OR ALCOHOL CONVICTION WITHIN LAST TWELVE MONTHS:

[ ] Petitioner has been convicted of driving under the influence of alcohol or drugs or was convicted of any drug offense within 12 months of filing the request for legal decision-making (custody).

[ ] Respondent has been convicted of driving under the influence of alcohol or drugs or was convicted of any drug offense within 12 months of filing the request for legal decision-making (custody).

[ ] The legal decision-making (custody) and/or parenting time arrangement ordered by this Court appropriately protects the minor child(ren).

22. LEGAL DECISION-MAKING AUTHORITY (CUSTODY) FOR MINOR CHILD(REN): (Check/complete only if joint legal decision-making (joint custody) is ordered.)

[ ] The legal decision-making authority (custody) order or agreement is in the best interests of the minor child(ren) for the following reasons: (List the reasons.)

23. SUPERVISED OR NO PARENTING TIME. (Check and complete only if supervised parenting time or no parenting time is ordered

[ ] No Parenting Time

[ ] Supervised Parenting Time with [ ] Petitioner OR [ ] Respondent, is in the best interests of the minor child(ren), for the following reasons:

(IF supervised) Name of supervisor

The cost of supervised parenting time will be paid by the:

[ ] Petitioner [ ] Respondent [ ] Shared equally by the parties

Restrictions on parenting time (if applicable):

THE COURT ORDERS:

A.LEGAL SEPARATION OR DISSOLUTION OF MARRIAGE (“Divorce”).

[ ] THE PARTIES ARE LEGALLY SEPARATED.

[ ] MARRIAGE IS DISSOLVED: The marriage of the parties is dissolved and the parties are restored to the legal status of single persons.

B.NAME RESTORATION: (In a divorce case IF one or both parties changed their last names as a result of the marriage, either spouse may (optionally) have his/her name legally restored to a pre-marital last name.)

[ ] Petitioner's name is restored to .

(Put only the last name here.)

[ ] Respondent's name is restored to .

(Put only the last name here.)

C.ENFORCEMENT OF TEMPORARY ORDERS:

[ ] All obligations ordered to be paid by the parties in Temporary Orders are satisfied in full. (List the dates of ALL temporary orders here.)

[ ] Judgment is awarded against the party with the obligation up to the amount due and owing as of the date of this Decree, with the highest legal interest allowed by law, for the total amount of $ .

D.CHILDREN

[ ] DOES NOT APPLY. THERE ARE NO MINOR CHILDREN IN THIS MARRIAGE. (Skip to section “J”)

[ ] YES, THERE ARE minor children in this marriage, and the following issues apply.

E. PREGNANCY AND PATERNITY

1.PREGNANCY:

[ ] Child expected to be born this date:

[ ] The orders below as to legal decision-making (custody), parenting time, support, and medical insurance/expenses do not include this child; the Court reserves jurisdiction to address these issues regarding this child when the child is born.

CHILDREN: This Decree includes all minor children common to the parties as follows:

Name(s) of Child(ren)

Dates of Birth (Month/Day/Yr)

2.PATERNITY/MATERNITY:

Minor Children to whom this decree does not apply: It is ordered that [ ] Petitioner, OR [ ] Respondent has no legal obligation or right to the minor child(ren) born during the marriage but not common to the marriage These minor children include:

Name(s) of Child(ren)

Dates of Birth

(Month/Day/Year)

Child expected to be born this date:

[ ] BIRTH CERTIFICATE(S): for any above-named minor child(ren) born in the state of Arizona, the Clerk of Court shall forward a copy of this order to the State Office of Vital Records, which is ORDERED TO AMEND the birth certificate(s) as follows: (List full name of the party as appears on the party’s Social Security card or other government issued official document and as should appear on the children’s birth certificate(s))

a. Add the name: (List one name only) as a parent on the above-named minor child(ren)'s birth certificate(s) if no name is already listed.

b. Name Change: (Optional) The name(s) of the minor child(ren) for whom paternity/maternity has been established above shall be changed as follows:

Current Legal Name

New Name

F. LEGAL DECISION-MAKING (CUSTODY): Award legal decision-making concerning the child(ren) as follows:

[ ] SOLE LEGAL DECISION-MAKING (sole custody) to:

[ ] Petitioner [ ] Respondent

[ ] JOINT LEGAL DECISION-MAKING (joint custody) to BOTH PARENTS.

BOTH Petitioner and Respondent agree to act as joint legal decision-makers of the minor children, pursuant to A.R.S. § 25-403, as set forth in the Parenting Plan attached. There have been no significant acts of domestic violence, as defined by Arizona law, A.R.S. § 13-3601, by either parent or it is in the best interests of the minor child(ren) to award joint legal decision-making despite any violence that occurred.

The Court adopts the terms of the Joint Legal Decision-Making Agreement / Parenting Plan describing the legal decision-making and parenting time agreement between the parties. By attaching the Joint Legal Decision-Making Agreement / Parenting Plan to the Decree, the Agreement becomes part of the Decree and carries the same legal weight as the Decree.

G. PRIMARY RESIDENCE and PARENTING TIME:

1.PRIMARY RESIDENCE:

[ ] NEITHER parent’s home is designated as the primary residence, OR

[ ] Petitioner’s home is the primary residence for following named child(ren):

[ ] Respondent’s home is the primary residence for following named child(ren):

2. SUBJECT TO PARENTING TIME AS FOLLOWS:

[ ] REASONABLE parenting time rights as described in the Parenting Plan attached as Exhibit B and made a part of this decree.

[ ] NO PARENTING TIME RIGHTS to [ ] Petitioner OR [ ] Respondent.

[ ] SUPERVISED parenting time to [ ] Petitioner OR [ ] Respondent according to the terms of the Parenting Plan attached as Exhibit B and made part of this Decree. Parenting Time may only take place in the presence of another person, named below or otherwise approved by the Court.

(IF supervised) Name of person to supervise (Optional):

Parenting time shall be restricted as follows: (if applicable)

The cost of supervised parenting time will be paid by the:

[ ] Petitioner [ ] Respondent [ ] Shared equally by the parties

H. CHILD SUPPORT:

[ ] The Child Support Order (date) is attached hereto and incorporated by reference.

[ ] This Court cannot make a legal order, without personal service on the responding party, with respect to issues of child support, or medical, dental and vision care insurance for the minor child(ren). The Court reserves jurisdiction to enter further orders at such time as the Court acquires personal jurisdiction over the responding party.

I.SPOUSAL MAINTENANCE/SUPPORT:

1.[ ] Neither party shall pay spousal maintenance/support (alimony) to the other party.

2.[ ] [ ] Petitioner OR [ ] Respondent is ordered to pay to the other party the sum of $ per month in spousal maintenance/support BEGINNING THE FIRST DAY OF THE MONTH after this Decree is signed.

Each payment shall be made by the first day of each month after that and shall continue until [ ] the receiving party is remarried or deceased OR

[ ] until (date).

All payments shall be made through the Support Payment Clearinghouse PO Box 52107, Phoenix, Arizona 85072-7107 by Income Withholding Order, until all required payments have been made under this Decree.

Payments made shall be included in receiving spouse’s taxable income and is tax deductible from the paying spouse’s income as required by law. Spousal maintenance/support payments end if the receiving party is remarried or deceased.

3. In accordance with the parties’ agreements,

[ ] The spousal maintenance award shall be modifiable in accordance with Arizona law.

[ ] The spousal maintenance award shall NOT be modifiable for any reason.

L. PROPERTY and DEBTS. (Select any that apply.)

1.[ ] Petitioner is ordered to pay all community debts unknown to Respondent,

AND

[ ] Respondent is ordered to pay all community debts unknown to Petitioner,

AND

[ ] Each party is ordered to pay his or her debts from the following date:

2.[ ] Each party is assigned his or her separate property and Petitioner must pay his/her separate debt, and Respondent must pay his/her separate debt.

3. [ ] Other orders and relief relating to property or debt are contained in Exhibit A, which is attached and incorporated into this Decree.

4.[ ] This Decree can be used as a transfer of title and can be recorded. Parties shall sign all documents necessary to complete all transfer of title ordered in this Decree, such as motor vehicles, houses, and financial institution accounts. The parties shall transfer all real and personal property as described in Exhibit A to the other party on or before by 5:00 p.m.

If the party required to transfer the property has not transferred the property to the party entitled to receive the property on or before the date and time listed above, the party entitled to receive the property is entitled upon application to a Writ of Assistance or Writ of Execution to be issued by the Clerk of the Court commanding the sheriff to put him or her in possession of the property.

Other orders and relief relating to property or debt, if any, are contained in Exhibit A, “Property and Debts”, which is attached and made part of this Decree.

M. TAX RETURNS

[ ] Each party shall give the other party all necessary documentation to file all tax returns.

For previous calendar years, pursuant to IRS rules and regulations, the parties will file:

[ ] Joint federal and state income tax returns and hold each other harmless from half of all additional income taxes if any and other costs, and each will share equally in any refunds.

[ ] Separate federal and state income tax returns.

[ ] This calendar year and continuing thereafter, each party will file separate federal and state income tax returns.

N. FINANCIAL INFORMATION EXCHANGES: In cases in which child support or spousal maintenance are ordered, then until such time as those would end under the orders in this Consent Decree, the parties shall exchange financial information (tax returns, spousal affidavits, earning statements and/or other related financial statements) every 24 months, or as follows:

O. QUALIFIED DOMESTIC RELATIONS ORDER (QDRO).

[ ] A QDRO is not necessary;

[ ] A QDRO is submitted herewith, OR

[ ] A QDRO will be submitted to the Court as soon as practicable or not later than

(date).

The Court shall retain jurisdiction over the subject matter of the QDRO.

P. OTHER ORDERS. (List any other orders.)

Q. FINAL APPEALABLE ORDER. Pursuant to Rule 81, Arizona Rules of Family Law Procedure, this final judgment/decree is settled, approved and signed by the Court and shall be entered by the clerk.

Date Judicial Officer

SIGNATURES OF BOTH PARTIES UNDER OATH OR AFFIRMATION

By signing below, in the presence of a Deputy Clerk of Court or Notary Public, I swear or affirm that everything in this document is true and correct to the best of my knowledge, information and belief, including the following:

1. NON-COVENANT MARRIAGE. We do not have a covenant marriage.

2. RIGHT TO TRIAL IS WAIVED. I understand that by signing this Consent Decree, I am waiving my right to a trial before a judge.

3. NO DURESS OR COERCION. COMPLETE AGREEMENT. I am not under any force, threats, duress, coercion, or undue influence from anyone, including the other party, to sign this Consent Decree. This Decree with any attachments that I have signed is our full agreement. I have not agreed to something different from what is stated in writing in the Decree.

4. LEGAL ADVICE. I understand that even if I am representing myself without an attorney, I have the right to be represented by an attorney. I have the right to call an attorney and get legal advice before I sign this Consent Decree.

5. IRRETRIEVABLY BROKEN MARRIAGE. I agree that our marriage is irretrievably broken. There is no reasonable prospect of reconciliation [or we desire to live separate and apart if this is a Legal Separation case].

6. DIVISION OF PROPERTY. The agreement about division of property and debt attached as “Exhibit A”, signed by both parties and made part of this document by reference, is fair and equitable.

SIGNATURES

Petitioner’s Signature

Respondent’s Signature

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this (date)

Deputy Clerk or Notary Public

(Notary seal)

STATE OF

COUNTY OF

Subscribed and sworn to or affirmed before me this (date)

Deputy Clerk or Notary Public

(Notary seal)

If either party is represented by an attorney or if the Attorney General’s Division of Child Support Enforcement (DCSE) is involved in this case, the attorney(s) and a representative of DCSE must also sign below.

ATTORNEY SIGNATURES (if applicable)

If either party is represented by an attorney, the attorney(ies) must sign:

Date Approved by Petitioner's Attorney

Date Approved by Respondent's Attorney

If the Attorney General’s Office (the “AG”), Division of Child Support Enforcement (DCSE) is involved in this case, a representative of that agency must approve the child support amount and sign below:

The approval of the AG’s office as to child support provisions contained in this document is indicated by my signature below:

Date Signature of Attorney General / DCSE Representative

EXHIBIT A: PROPERTY AND DEBTS (Refer to instructions)

1.DIVISION OF COMMUNITY PROPERTY (property acquired during the marriage)

[ ] Award each party the personal property in his/her possession.

[ ] Community property is awarded to each party as follows:

2. LIST OF COMMUNITY PROPERTY (Be very specific in your description of the property.)

COMMUNITY PROPERTY

(Be specific)

AWARD TO

Household Furniture and Appliances

Petitioner

Respondent

[ ]

Video: TV / DVD / DVR / VCR, etc.

[ ]

Audio: Stereo/ Radio (Household or Portable)

[ ]

COMMUNITY PROPERTY – continued

AWARD TO

Computers and Related Equipment

Petitioner

Respondent

[ ]

Motor Vehicles

1.Model:

[ ]

Make:

Year:

Last 4 digits of

VIN #

2.Model:

[ ]

Make:

Year:

Last 4 digits of

VIN #

3.Model:

[ ]

Make:

Year:

Last 4 digits of

VIN #

Cash, bonds of

[ ]

Other:

[ ]

[ ] Continues on attached page(s).

3. DIVISION OF RETIREMENT, PENSION, DEFERRED COMPENSATION

WARNING. You should see a lawyer about your retirement, pension, deferred compensation, 401k plans and/or benefits. If you do not see a lawyer regarding these assets, you risk losing any interest you have in these plans and/or benefits. There are certain documents the plan administrator must have. Only a lawyer can help you prepare these documents.

[ ] Neither party has a retirement, pension, deferred compensation, 401K Plan and/or benefits.

[ ] Award each party his/her interest in any and all retirement benefits, pension plans, or other deferred compensation described as:

[ ] Each party WAIVES AND GIVES UP his/her interest in any and all retirement benefits, pension plans, or other deferred compensation of the other party.

4. DIVISION OF REAL PROPERTY (Land and Buildings) Section A is for one piece of property. Section B is for another, separate property.

A. Real property located at (address)

The legal description of this property, as quoted from the DEED to the property* is:

* If you do not provide a correct legal description, you may have to come back to court to amend the Decree to include the correct legal description.

The real property (“A”) described above is awarded as the sole and separate property of:

[ ] [ ] Petitioner or [ ] Respondent

[ ] Shall be sold and the proceeds divided as follows:

% or $ to Petitioner

% or $ to Respondent

B. Real property located at (address)

The legal description of this property, as quoted from the DEED to the property* is:

* If you do not provide a correct legal description, you may have to come back to court to amend the Decree to include the correct legal description.

The real property (“B”) described above is awarded as the sole and separate property of:

[ ] [ ] Petitioner or [ ] Respondent

[ ] Shall be sold and the proceeds divided as follows:

% or $ to Petitioner

% or $ to Respondent

[ ] Continues on attached page(s).

5. DIVISION OF COMMUNITY DEBT (Debts incurred during the marriage) (You should see a lawyer about how to divide secured and unsecured debts.)

Community debts shall be divided as follows:

Creditor Name

Amount Owed

Amount to be paid by

Petitioner

Respondent

[ ] Continues on attached page.

6.[ ] Any debts or obligations incurred by either Petitioner or Respondent before the date of separation, that are not identified in the list above or attached, shall be paid by the party who incurred the debt or obligation and that party shall indemnify and hold the other party harmless from such debts.

7. SEPARATE PROPERTY. (Property acquired before the marriage or by gift or bequest to one party.)

Property recognized as the separate property of the Petitioner or Respondent, is assigned below:

Description

Value

Petitioner

Respondent

[ ]

[ ] Continued on attached page.

8.SEPARATE DEBT: (Debt acquired before the marriage.)

Debt recognized as the separate debt of the Petitioner or Respondent, is assigned below:

Creditor Name

Debt Amount

To be Paid by

Petitioner

Respondent

[ ]

[ ] Continued on attached page.

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