Petition for Dissolution of Marriage in Arizona
All divorce cases begin with the filing of a Petition for Dissolution of Marriage in Arizona. The Petition for Dissolution of Marriage is akin to a lawsuit wherein you state the names of the parties to the divorce, the names of the parties’ children, as well as the addresses where the children have lived for the past five years, and other information, such as stating each parties state of residence, to begin a divorce.
We have included a copy of the Petition for Dissolution of marriage, so you can see what that document looks like. The Petition for Dissolution of Marriage in Arizona must be signed before a notary public.
PETITION FOR DISSOLUTION OF NON-COVENANT MARRIAGE
COMES NOW Petitioner, *, by and through undersigned counsel, and for * Petition for Dissolution of Non-Covenant Marriage with Children, alleges as follows:
Petitioner, *, was born on * and is employed as *. Petitioner currently resides at * and has maintained * domicile in Maricopa County, Arizona for longer than 90 days prior to filing this Petition.
Respondent, * , was born on * and is employed as *. Respondent currently resides at * and has maintained * domicile in Maricopa County, Arizona for longer than 90 days prior to filing this Petition.
The parties were married on * in * and since that day have been husband and wife. The parties do not have a covenant marriage.
The marriage of the parties is irretrievably broken, there is no reasonable prospect of reconciliation, and a Petition for Conciliation pursuant to A.R.S. §25-381.09 has not been filed.
There * * minor child* born of the marriage, namely *, born *. The wife is not pregnant.
The Court should award legal decision-making with specified rights of parenting time to each parent as the Court deems to be in the best interests of the child*.
Child Support should be calculated pursuant to the Arizona Child Support Guidelines.
Pursuant to A.R.S. §25-1039, Petitioner informs this Court as follows:
A. Petitioner has not participated as a party, witness or in any other capacity in any litigation concerning the custody of the foregoing minor child* in this state or in any other state;
B. Petitioner has no information of any other custody proceeding concerning the minor child* pending in a Court of this or any other state;
C. Petitioner does not know of any person not a party to this proceeding who has physical custody of the minor child* or claims to have custody or visitation rights with respect to such minor child*; and
D. The minor child* has/have resided at the following addresses for the past five (5) years:
The parties have accumulated certain community, joint and common property and debts during the coverture of the marriage which should be equitably divided. The court should confirm to each their sole and separate property if any.
Petitioner is in need of and qualifies for an award of spousal maintenance both temporary and permanent under A.R.S. § 25-319 OR neither party is in need of or qualifies for an award of spousal maintenance.
Petitioner is entitled to an award of attorney’s fees and costs herein incurred pursuant to A.R.S. §25-324 OR Each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner should be entitled to an award of his/her attorney fees and costs.
WHEREFORE, Petitioner requests that the Court:
A. Enter its Order granting a Decree of Dissolution of the Marriage of the parties;
B. Award decision-making with specified rights of parenting time to each parent as the Court deems to be in the best interests of the child*;
C. Order child support in such an amount as is reasonable and necessary, pursuant to the Arizona Child Support Guidelines;
D. Award spousal maintenance in such amount as is reasonable and necessary; OR Enter a Declaratory Judgment providing that neither party is in need of or qualifies for an award of spousal maintenance;
E. Order the equitable division of the community property and community debts of the parties and confirm to each their sole and separate property and debts, if any;
F. Award to Petitioner * reasonable attorney’s fees and costs incurred herein; OR Order that each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner shall be entitled to an award of his/her attorney fees and costs; and
G. Grant other such relief as the Court deems just and proper under the circumstances.
RESPECTFULLY SUBMITTED this 15th day of January 1, 2018.HILDEBRAND LAW, P.C.
4900 N. Scottsdale Rd., Suite 1500
Scottsdale, Arizona 85251
Attorney for *
STATE OF ARIZONA )
County of Maricopa )
I, *, having first been duly sworn upon my oath depose and say:
1. That I am the Petitioner in the above foregoing action and that I am authorized to make the foregoing statements;
2. That I have read the foregoing Petition for Dissolution of Non-Covenant Marriage with Children and know the contents thereof;
3. That the matters alleged therein are true, except those things contained therein stated upon information and belief, and as to those, I believe them to be true.
Further affiant sayeth naught.
SUBSCRIBED AND SWORN TO before me this ______ day of January, 2018, by *.
My Commission Expires: