Petition Non Covenant Form PDF Details

Navigating the complex waters of a divorce is a challenging journey for many families, particularly when it involves children. Within the legal framework of Arizona, individuals seeking dissolution of a non-covenant marriage—a marriage without the additional legal stipulations that make ending the union more complex—must understand the intricate requirements set forth by the state. The Petition Non Covenant form serves as a crucial document filled by individuals aiming to dissolve such a marriage while addressing matters of child custody, property division, and potential spousal maintenance. The form requires comprehensive information, including personal details about the spouse filing, as well as the respondent, detailed descriptions of shared and separate property, debts, and clear outlines of what each party seeks regarding custody, assets, and financial responsibilities post-divorce. It also touches on sensitive issues such as domestic violence, the welfare and living arrangements of any children under 18, and even the specifics of pregnancy if applicable. Understanding and accurately completing every section of this form is essential, as it guides the court in making decisions that will affect the family’s future. From the requirement that either spouse must have lived in Arizona for at least 90 days before filing, to the detailed declaration of community and separate debts, this form is structured to ensure that all facets of the dissolution are considered fairly and thoroughly.

QuestionAnswer
Form NamePetition Non Covenant Form
Form Length9 pages
Fillable?No
Fillable fields0
Avg. time to fill out2 min 15 sec
Other namesarizona response dissolution marriage, response petition dissolution non, dissolution of covenant marriage arizona, arizona petition marriage

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Person Filing:

 

 

 

 

Address (if not protected):

 

 

 

City, State, Zip Code:

 

 

 

Telephone:

 

 

 

 

Email Address:

 

 

 

 

ATLAS Number:

 

 

 

 

Lawyer’s Bar Number:

 

 

FOR CLERK’S USE ONLY

Representing

Self, without a Lawyer or

Attorney for

Petitioner OR

Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Name of Petitioner (B)

Name of Respondent

Case Number: (C)

ATLAS Number:

(if applicable)

RESPONSE TO PETITION FOR DISSOLUTION OF A NON-COVENANT MARRIAGE (DIVORCE) WITH MINOR CHILDREN

STATEMENTS TO THE COURT, UNDER OATH OR AFFIRMATION:

1.INFORMATION ABOUT MY SPOUSE, THE PETITIONER

Name:

Address:

Date of Birth:Job Title:

Starting with today, number of months/years in a row, my spouse has lived in Arizona:

2.INFORMATION ABOUT ME, THE RESPONDENT

Name:

Address:

Date of Birth:Job Title:

Starting with today, number of months/years in a row, my spouse has lived in Arizona:

3.INFORMATION ABOUT OUR MARRIAGE

Date of Marriage:

City and state, or country where we were married:

(Check box below if true.)

We have a covenant marriage. I have attached a copy of my marriage license to show that we have a covenant marriage. (Warning: If this statement is true, divorce cannot be granted based on a petition filed relating to a NON-Covenant marriage. You may skip to page 6, “Requests to the Court”, (A), or file a separate motion to dismiss the Petitioner’s case, and then petition the court for a Dissolution of a Covenant Marriage, if you want a divorce.)

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

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4. 90 DAY REQUIREMENT:

Case No.

Neither I nor my spouse have lived, or have been stationed while a member of the Armed Forces, in Arizona for at least 90 days before my spouse filed this action. (WARNING: If this statement is true, the petitioner cannot proceed. You may skip to page 6, “Requests to the Court”, (A)) or simply file a separate motion to dismiss the Petitioner’s case, and then petition the court for a divorce when the statement IS true.)

5.DOMESTIC VIOLENCE: (Check the box that is true. If you intend to ask for joint legal decision making (joint legal custody), there must have been no “significant” domestic violence. A.R.S. 25- 403.03):

Domestic violence has not occurred, OR

Domestic violence has occurred but it has not been significant.

There has been significant domestic violence.

SUMMARY OF WHAT I SAY ABOUT DOMESTIC VIOLENCE THAT IS DIFFERENT FROM WHAT MY SPOUSE SAID IN THE PETITION:

6.CHILDREN OF THE PARTIES WHO ARE LESS THAN 18 YEARS OLD:

Listed below are children still under the age of 18 born to or adopted by my spouse and me during our

marriage,

or where indicated, born before. Husband is the father of child(ren) listed.

 

 

 

Child’s Name:

 

 

 

 

Birthdate:

 

 

Born prior to marriage

Address:

 

 

 

 

 

 

 

 

Length of Time at Address:

 

 

Child’s Name:

 

 

 

 

Birthdate:

 

 

Born prior to marriage

Address:

 

 

 

 

 

 

 

 

Length of Time at Address:

 

 

Child’s Name:

 

 

 

 

Birthdate:

 

 

Born prior to marriage

Address:

 

 

 

 

 

 

 

 

Length of Time at Address:

 

 

 

 

Child’s Name:

Birthdate:

Address:

Length of Time at Address:

Born prior to marriage

Child’s Name:

Birthdate:

Address:

Length of Time at Address:

Born prior to marriage

Information for additional children is listed on attached page(s), made part of this document.

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

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Case No.

7.PREGNANCY (Check box to indicate whether Wife is currently pregnant, etc.)

Wife is not pregnant, OR

 

Wife is pregnant and the baby is due on

(date), (and, check one box below):

The Petitioner and Respondent are the parents of the child, OR

Husband is not the father of the child.

8.SUMMARY OF WHAT I WANT OR SAY CONCERNING OUR MINOR CHILD(REN) THAT IS DIFFERENT FROM WHAT MY SPOUSE SAID OR ASKED FOR IN THE PETITION and AFFIDAVIT OF MINOR CHILDREN.

9.a. COMMUNITY PROPERTY: (Check one box.)

My spouse and I did not acquire any community property during the marriage, OR My spouse and I did acquire community property during our marriage, and we should divide it as follows:

 

 

 

 

Petitioner

Respondent

Value

 

 

 

Real estate located at:

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

Legal Description:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Real estate located at:

Petitioner

Respondent

Value

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

Legal Description:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Household furniture and appliances:

Petitioner

Respondent

Value

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

Household furnishings:

 

Petitioner

Respondent

Value

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

Other items:

 

Petitioner

Respondent

Value

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

Pension/retirement fund/profit sharing/stock plan/401K:

 

 

 

 

 

 

 

 

Petitioner

Respondent

Value

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

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Case No.

Petitioner Respondent Value

Motor vehicles:

Make $

Model

VIN

Lien Holder

Motor vehicles:

Petitioner

Respondent Value

Make

Model

VIN

Lien Holder

$

9.b. SEPARATE PROPERTY. (Check all boxes that apply.)

I do not have any property (separate property) that I brought into the marriage.

My spouse, the Respondent does not have any property (separate property) that he/she brought into the marriage.

I have property (separate property) that I brought into the marriage. I want this property awarded to me as described below.

My spouse, the Respondent, has property (separate property) that he/she brought into the marriage. I want this property awarded to my spouse as described below.

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 Separate Property:Petitioner Respondent Value

$

$

$

$

10.a. COMMUNITY DEBTS: (Check one box.)

My spouse and I did not incur any community debts during the marriage, OR

We should divide the responsibility for the debts incurred during the marriage as follows:

DESCRIPTION OF DEBT:

Petitioner Respondent Amount Owed

$

$

$

$

$

$

10.b. SEPARATE DEBTS. (Check all boxes that apply.)

My spouse and I do not have any debts that were incurred prior to the marriage or separate debt

OR

I have separate debt or debt that I incurred prior to the marriage that should be paid by me as described below.

My spouse has separate debt or debt that he/she or incurred prior to the marriage that should be paid by my spouse as described below.

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

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Case No.

 

DESCRIPTION OF DEBT

Petitioner

Respondent Amount Owed

$

$

$

11.SUMMARY OF WHAT I, THE RESPONDENT, REQUEST CONCERNING PROPERTY AND DEBTS THAT IS DIFFERENT FROM WHAT MY SPOUSE ASKED FOR IN THE PETITION:

12.TAX RETURNS: (Check this box if this is what you want).

After the judge or commissioner signs the Decree of Dissolution of Marriage (Divorce), we will pay federal and state taxes, according to IRS Rules and Regulations, as follows: For previous years (the years we were married, not including the year the Decree was signed), the parties will file joint federal and state income tax returns. In addition, for previous calendar years, both parties will, according to IRS Rules and Regulations, 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, according to IRS Rules and Regulations, separate federal and state income tax returns. Each party will give the other party all necessary documentation to do so.

13.SPOUSAL MAINTENANCE (ALIMONY): (Check the box that applies to you.)

Neither party is entitled to spousal maintenance (alimony), OR

Wife OR

Husband 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/her reasonable needs; Person is unable to support himself/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/herself; and, 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/herself.

14.SUMMARY OF WHAT I REQUEST REGARDING SPOUSAL MAINTENANCE THAT IS DIFFERENT FROM WHAT MY SPOUSE ASKED FOR IN THE PETITION:

OTHER STATEMENTS TO THE COURT:

15.STATUS OF MARRIAGE AND CONCILIATION: (Check only one box.)

My marriage is irretrievably broken and there is no reasonable prospect of reconciliation. (My marriage is over.) The conciliation requirements under Arizona law, A.R.S. 25-381.09 either do not apply or have been met. (This means that we have obtained marriage counseling through Conciliation Services, or going to marriage counseling would not help), OR

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

Page 5 of 9

 

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Case No.

My marriage is not irretrievably broken and there are reasonable prospects of reconciliation. The conciliation requirements under Arizona law, A.R.S. 25-381.09 either apply or have not been met. Explain to the court why you disagree with Petitioner’s statement (that the marriage is irretrievably broken):

16.JURISDICTION OVER MATTERS OF PHYSICAL CUSTODY AND LEGAL DECISION MAKING CONCERNING CHILDREN. (Check only one box).

This court has jurisdiction to decide matters of physical custody and authority for legal decision- making concerning minor child(ren) common to the parties who have lived in Arizona for at least the past 6 months, or since birth if younger than 6 months, OR

This court does not have jurisdiction to decide matters of physical custody and authority for legal decision-making concerning minor child(ren) common to the parties under Arizona law because the minor children have not lived in Arizona for at least 6 months before this Petition was filed. Explain: (There are other reasons why the court may not have jurisdiction due to the residence of the children. See a lawyer for help.)

17.GENERAL DENIAL. I deny anything stated in the Petition that I have not specifically admitted, qualified or denied.

18.WRITTEN AGREEMENT:

My spouse and I have a written agreement signed by both of us about the maintenance of a spouse, division of property/debt, where the children will live, authority for legal decision-making concerning the children (legal custody), parenting time, and child support, AND

I have attached a copy of the written agreement.

REQUESTS TO THE COURT:

A.DISSOLUTION (DIVORCE):

Dissolve the parties' marriage and return each party to the status of a single person;

Deny the petition and refuse to dissolve the marriage due to my answers in:

Number 3 about covenant marriage;

Number 4 about domicile for 90 days;

Number 15 about the marriage not being irretrievably broken;

Dissolve the marriage and return each party to status of a single person, but refuse to decide child legal decision making (custody) matters due to lack of jurisdiction as stated in number 16 above.

B.RESTORE NAME:

I took the name of my spouse at the time of marriage and I want to restore my last name to the name I used before this marriage or to my maiden name.

My complete married name is:

I want my name restored to: (List complete maiden or legal name before this marriage):

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

Page 6 of 9

 

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Case No.

WARNING: If you are not requesting to have your own former name restored, the court must have a written

request from the party who wants his or her name restored to change the name.

C.PRIMARY RESIDENTIAL PARENT, PARENTING TIME, AND AUTHORITY FOR LEGAL DECISION MAKING (CUSTODY):

1. PRIMARY RESIDENTIAL PARENT: Declare which parent shall be designated as “Primary Residential Parent” for each minor child as follows:

Declare Mother as primary residential parent for the following named children:

Declare Father as primary residential parent for the following named children:

SUBJECT TO PARENTING TIME, AS FOLLOWS:

2.PARENTING TIME: Award parenting time as follows:

Reasonable parenting time rights to the non-primary residential parent, OR

Supervised parenting time between the children and Mother OR Father, OR

No parenting time rights to the Mother OR Father.

Supervised or no parenting time is in the best interests of the child(ren) because: *

Explanation continues on attached pages made part of this document by reference.

a.Name this person to supervise:

b.Restrict parenting time as follows:

c.Order cost of supervised parenting time (if applicable) to be paid by:

Mother

Father, OR

Shared equally by the parties.

3.AUTHORITY FOR LEGAL DECISION MAKING (LEGAL CUSTODY):

Award legal authority to make decisions concerning the child(ren) as follows:

AWARD SOLE AUTHORITY FOR LEGAL DECISION-MAKING to:

OR

© Superior Court of Arizona in Maricopa County

ALL RIGHTS RESERVEDPage 7 of 9

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Mother Father

DRDC31f- 050115

Case No.

AWARD JOINT AUTHORITY FOR LEGAL DECISION MAKING to BOTH PARENTS.

Mother and Father will agree to act as joint legal decision makers concerning the minor child(ren) and will submit a Parenting Plan and Joint Legal Decision Making Agreement signed by the both parties. (Note: For the court to order “joint” legal decision making, there must have been no “significant” domestic violence according to Arizona law, A.R.S. § 25-403.03)

D.CHILD SUPPORT: Order that child support will be paid by: Petitioner, OR Respondent in a reasonable amount as determined by the court under the “Arizona Child Support Guidelines.” Support payments will begin on the first day of the first month following the entry of the divorce decree. These payments, and a fee for handling, will be paid through the Support Payment Clearinghouse and collected by automatic Income Withholding Order.

E.INSURANCE AND HEALTH CARE EXPENSES FOR CHILDREN: Order that:

Mother should be responsible for providing:

Father should be responsible for providing:

medical

medical

dental

dental

vision care insurance.

vision care insurance.

The costs of medical/dental/vision care expenses not paid by insurance should be shared as follows: Mother______________% Father ______________%.

F.TAX EXEMPTION: The parties will claim the children as income tax dependency exemptions on federal and state income tax returns as follows:

Parent entitled to claim

Name of minor child

in Tax Year

Mother

Father

Mother

Mother

Mother

Mother

Father

Father

Father

Father

Pattern shall repeat for subsequent years.

G.SPOUSAL MAINTENANCE (ALIMONY):

 

Order spousal maintenance to be paid by

Wife, or Husband in the amount of

 

per

 

month beginning with the first day of the month after the Judicial Officer signs the Decree and continuing until

 

the person receiving spousal maintenance remarries or either party is deceased, or for a period of

 

months. These payments, and a fee for handling, will be paid through the Support Payment Clearinghouse.

H.

COMMUNITY PROPERTY:

Make a fair division of all community property as requested in this

 

 

Response.

 

 

 

 

 

I.

COMMUNITY DEBTS:

Order each party to pay community debts as requested in this Response, 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 this date:

, or since the date the Respondent was served with the Petition for Dissolution.

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

Page 8 of 9

 

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Case No.

J.SEPARATE PROPERTY and DEBT: Award each party his/her separate property and make each party pay his/her own separate debt.

K.OTHER ORDERS I AM REQUESTING (Explain request here):

OATH OR AFFIRMATION AND VERIFICATION

I affirm the information on this document is true and correct under penalty of perjury.

Signature

 

Date

STATE OF

 

 

 

 

 

COUNTY OF

 

 

 

 

 

Subscribed and sworn to or affirmed before me this:

 

 

by

 

 

 

 

 

 

(date)

 

 

 

 

 

 

.

 

(notary seal)

Deputy Clerk or Notary Public

Copy of this document mailed to the other party on:

Month / Date / Year

To the following address:

© Superior Court of Arizona in Maricopa County

DRDC31f- 050115

ALL RIGHTS RESERVED

Page 9 of 9

 

RES

 

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2. Once your current task is complete, take the next step – fill out all of these fields - INFORMATION ABOUT MY SPOUSE THE, Name, Address, Date of Birth, Job Title, Starting with today number of, INFORMATION ABOUT ME THE RESPONDENT, Name, Address, Date of Birth, Job Title, Starting with today number of, INFORMATION ABOUT OUR MARRIAGE, Date of Marriage, and City and state or country where we with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

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