Homepage Fill in Your Arizona Drdc10F Form
Overview

When individuals navigate the waters of divorce in Arizona, especially within Yavapai County, the Arizona DRDC10F form becomes an essential document. This specific form is tailored for those seeking a dissolution of a non-covenant marriage, which may involve minor children and could include a request for an order of paternity. It requires detailed personal information from both parties involved, covering aspects from basic identification such as name, occupation, and residency duration in Arizona, to more complex issues like the division of property acquired during the marriage, handling of pre-marriage assets, debt responsibility, and future tax filing statuses. Furthermore, it addresses the sensitive subject of spousal maintenance—commonly known as alimony—and outlines the criteria under which an individual may qualify for such support. One of the form's crucial sections involves arrangements concerning any minor children from the marriage, making clear the legal routes for addressing their wellbeing, including living arrangements and the legal parenthood status. Completing the DRDC10F form represents a crucial step in the legal process of divorce, orchestrating how both parties will navigate the dissolution of their marriage, divide their shared life, and establish the groundwork for their futures apart.

Document 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:

 

 

 

 

 

 

 

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

 

[

]

[

]

[

]

 

 

 

[

]

[

]

[

]

[

]

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 Name Description
Form Title DRDC10F - Petition for Dissolution of a Non-Covenant Marriage with Minor Children
Form Usage Used for filing for divorce in a non-covenant marriage in Arizona with minor children involved.
Jurisdiction Superior Court of Arizona, Yavapai County
Residency Requirement At least one spouse must have lived in Arizona for a minimum of 90 days before filing.
Governing Laws Arizona Revised Statutes
Military Clause Considers the special circumstances of military deployment in the residency requirement.
Property and Debts Division Allows for the division of community property and debts, as well as the designation of separate property and debts.
Tax Returns Provides options for how parties will handle tax filings post-divorce.
Spousal Maintenance Includes provisions to determine entitlement and terms of spousal maintenance (alimony).
Child Custody and Paternity Addresses child custody arrangements and includes a request for an order of paternity.

Instructions on Writing Arizona Drdc10F

After finding the need to file for a dissolution of a non-covenant marriage with children in Yavapai County, Arizona, it's essential to correctly fill out the DRDC10f form. This process ensures all relevant personal, financial, and child-related information is accurately communicated to the court. The following guide details the required steps, aiming at a straightforward experience during this challenging time.

  1. Start with providing your Name, Mailing Address, Daytime Telephone Number, and confirm you are representing yourself without a lawyer.
  2. Under the heading "IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY," insert the names of both parties involved (Petitioner and Respondent), specifying the request for the dissolution of a non-covenant marriage with minor children involved.
  3. In the STATEMENTS TO THE COURT, UNDER OATH section, input personal information about yourself (the petitioner) including your name, date of birth, address, occupation, and the duration of your residency in Arizona. Indicate if you or the respondent have been deployed in the military within the last six months.
  4. Provide detailed information about your spouse, similar to step 3.
  5. Record specifics of your marriage, including date and place of marriage, and confirm that it is not a covenant marriage.
  6. Confirm at least one spouse meets the 90-day residency requirement to file for divorce in Arizona.
  7. Under the section titled INFORMATION ABOUT PROPERTY AND DEBTS, accurately list all community property acquired during the marriage, property each spouse brought into the marriage (separate property), and delineate how property and debts should be divided or assigned.
  8. Detail the division of property, including real estate, household furnishings, vehicles, retirement accounts, and any other items of value acquired during the marriage. Also, include any debts incurred during and before the marriage as well as separate debts.
  9. Discuss how federal and state taxes will be filed post-dissolution, including any agreements on the division of refunds or liabilities.
  10. Address the matter of spousal maintenance (alimony), if applicable, checking the appropriate box to indicate whether either spouse is seeking alimony and why.
  11. For families with minor children, fill out the section regarding child(ren) details, including names, birth dates, addresses, and history of residence for the past five years. Confirm the biological or adoptive status of each parent.

Once the form is completed, review all responses for accuracy. The form requires your signature, confirming the information provided is truthful to the best of your knowledge. Submit the completed form to the Superior Court of Arizona in Yavapai County, along with any required filing fees and supporting documents. The proceedings that follow will include a case review and scheduling of necessary court dates. During this phase, it might be beneficial to seek legal advice or assistance, ensuring all rights and responsibilities are fully understood.

Listed Questions and Answers

What is the Arizona DRDC10F form?

The Arizona DRDC10F form is a legal document used in Yavapai County for filing a petition for the dissolution of a non-covenant marriage with minor children. This form also includes a request for an order of paternity. It requires detailed information about both spouses, their marriage, children, property, debts, and how they prefer to manage taxes and spousal maintenance (alimony) after the divorce.

Who needs to fill out this form?

Either spouse who wishes to initiate the divorce process in Yavapai County for a non-covenant marriage when there are minor children involved needs to fill out this form. This form must be completed by the petitioner - the person who is filing for divorce.

Where should I file the completed DRDC10F form?

The completed form should be filed with the Superior Court of Arizona located in Yavapai County. It's important to ensure all sections of the form are filled out accurately before submitting it to the court.

What information is required on the DRDC10F form?

This form requires detailed information including personal details about the petitioner and respondent (spouses), information about the marriage and its dissolution, details about minor children, a breakdown of both marital and separate property and debts, tax filing preferences post-divorce, and any spousal maintenance arrangements.

Is it mandatory to have a lawyer to file this form?

No, it is not mandatory to have a lawyer to file the DRDC10F form. One can represent oneself without a lawyer, as indicated by the "Representing Self, Without a Lawyer" section on the form. However, legal advice might help you navigate through complex issues especially related to property, debts, and custody.

How does the 90-day residency requirement work?

Before filing for divorce in Arizona, either you or your spouse must have lived in the state, or have been stationed there as a member of the Armed Forces, for at least 90 days. This residency requirement must be met before the divorce process can begin.

What is the process for dividing property and debts as listed on the form?

The form allows spouses to outline how they agree to divide both their property and debts acquired during the marriage. It includes options for listing real estate, personal property, and debts, indicating who should assume ownership or responsibility for each. The court will review these agreements for fairness.

How is spousal maintenance addressed in the form?

Spousal maintenance, or alimony, is addressed by allowing both parties to indicate whether either spouse is entitled to support and, if so, on what grounds. It includes options for designating the maintenance as modifiable or non-modifiable in the future, depending on the spouses' agreement.

What about arrangements for children during the divorce process?

The form requires detailed information about any minor children from the marriage, including their names, birth dates, and living arrangements. This information is used to help the court make decisions regarding custody, support, and parental access during the divorce proceedings.

Can adjustments be made to the form once it's filed?

Yes, adjustments can typically be made to the form after it's filed, especially if both spouses agree to the changes. This might include amendments to property division, spousal maintenance, or child custody arrangements. However, any changes must be approved by the court.

Common mistakes

Filling out legal documents can be tricky, and mistakes can lead to delays or complications in your case. The Arizona DRDC10F form, used for petitioning for the dissolution of a non-covenant marriage with minor children, is no exception. Here are some common mistakes to avoid:

  1. Not verifying residency requirements: One of the parties must have been an Arizona resident for at least 90 days before the petition is filed. Overlooking or inaccurately reporting this can invalidate your petition.
  2. Failure to disclose all marital assets: It's crucial to list all property acquired during the marriage, including real estate, vehicles, and household items. Neglecting to disclose assets can lead to issues later in the division process.
  3. Omitting details about separate property: If you or your spouse brought property into the marriage or acquired it as a gift or inheritance, it should be clearly listed as separate property to avoid it being mistakenly divided as marital property.
  4. Incorrectly listing debts: Both debts incurred during the marriage and separate debts must be accurately detailed, including the creditor's name, the amount owed, and who is responsible for repayment. Mistakes here can affect financial obligations post-divorce.
  5. Overlooking tax filing agreements: Decisions on how past and future tax returns will be filed and how any refunds or liabilities will be shared must be explicitly stated to prevent disputes.
  6. Misunderstanding spousal maintenance eligibility: Clearly stating the basis for spousal maintenance claims is essential. Failing to provide the necessary justification or to indicate whether the award is modifiable can lead to misunderstandings.
  7. Inaccurately reporting information about children: All minor children of the marriage need to be listed, with accurate details regarding their names, birth dates, and living arrangements. Errors or omissions can complicate custody and support arrangements.
  8. Signing without reviewing: Before signing the form, review all information carefully to ensure accuracy. A signature affirms that all statements made are true to the best of your knowledge, and inaccuracies can have legal repercussions.

By paying close attention to these details, you can avoid common pitfalls and ensure your petition for dissolution is processed smoothly and efficiently.

Documents used along the form

When navigating through the process of filing for divorce in Arizona, particularly when it involves minors and embraces issues like property division, spousal support, and paternity, a comprehensive collection of supporting documents is required alongside the Arizona DRDC10F form. This form initiates the process by outlining the basic information and requests regarding the dissolution of a non-covenant marriage with minor children. However, to effectively communicate the specifics of the case and comply with the legal requirements, additional documents are generally necessary. Here's an overview of other forms and documents that are often needed.

  • Financial Affidavit: Outlines each party's financial situation, including income, expenses, assets, and debts. This document is crucial for informing decisions on spousal maintenance and the division of marital assets and liabilities.
  • Parenting Plan Agreement: Details the custody arrangements, visitation schedules, and decision-making authorities concerning the children. Both parents typically negotiate this plan to cater to the best interests of their children.
  • Child Support Worksheet: Used to calculate the amount of child support one parent will pay to the other. The worksheet considers the incomes of both parents, the cost of healthcare and childcare, the number of children, and other relevant expenses.
  • Marital Settlement Agreement: Documents the division of property, assets, and debts between the spouses. It also covers any agreed-upon spousal maintenance. This agreement aims to avoid future disputes by clearly outlining who gets what.
  • Petition for Temporary Orders: Filed when immediate decisions need to be made about matters such as child custody, spousal support, or property division while the divorce process is still ongoing.
  • Notice of Right to Convert Health Insurance: Informs about the right to continue healthcare coverage for a spouse or children after the divorce is finalized, which is a crucial consideration for many families.
  • Income and Expense Declaration: A detailed report of monthly income and expenses, supporting claims for spousal maintenance and child support. This declaration often accompanies the Financial Affidavit.
  • Decree of Dissolution of Marriage: The final document issued by the court that officially ends the marriage, incorporating all agreements reached and orders made concerning the divorce.
  • Order of Assignment: A court order directing an employer to withhold child support from a parent's wages and transfer it directly to the other parent or a designated agency.

Securing and accurately completing these documents is essential for the legal process to move smoothly towards a resolution. Building a comprehensive case with all relevant information properly documented helps ensure that the parties' rights are protected and the best interests of the children involved are prioritized. Individuals going through a divorce are encouraged to seek legal advice to navigate this complex process effectively.

Similar forms

The Arizona DRDC10F form is used for filing a petition for the dissolution of a non-covenant marriage with minor children, which involves several specific requests, including orders of paternity. A document having a similar purpose is the Petition for Dissolution of Marriage used in other states. Though the contents may vary slightly depending on state laws, both documents serve to initiate the divorce process and may include details regarding children, spousal support, and property division. These petitions are the first step in formally requesting a legal end to a marriage through the court system.

The form is also akin to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit that is required in many states when minor children are involved in a divorce or custody case. This affidavit, like the DRDC10F form, requires detailed information about the children’s residences over the past five years and aims to establish the proper jurisdiction for child custody decisions. Both documents are crucial in cases involving children to ensure their welfare is considered in any legal proceedings.

Similar to subdivisions of the DRDC10F form that deal with property and debts, a Marital Settlement Agreement is another document where the divorcing couple outlines the division of their assets and liabilities. While the DRDC10F includes sections to specify property and debt division, a Marital Settlement Agreement is typically more detailed and functions as a mutually agreed-upon contract that the divorce decree can subsequently incorporate.

The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) shares similarities with sections of the DRDC10F, particularly in providing information about the children’s current and past residences. Both documents help the court determine the correct jurisdiction for child custody matters, ensuring decisions are made in the children's best interests based on stable and consistent living situations.

Another related document is the Financial Affidavit or Financial Declaration, often required in divorce proceedings to disclose each party’s financial situation. Similar to the property and debts sections of the DRDC10F form, these affidavits ensure a fair division of assets and determination of spousal and child support. Both types of documents require detailed financial information to aid in the equitable resolution of financial obligations.

The Request for Order document, used in some jurisdictions, is similar to parts of the DRDC10F form where specific requests are made to the court, such as orders of paternity or spousal maintenance. These requests set the legal proceedings in motion to address specific concerns and issues within the divorce or separation process, guiding the court on the matters needing resolution.

Parts of the DRDC10F concerning spousal maintenance resemble the Spousal Support Order documents, which detail the amount and duration of spousal support one ex-spouse must pay to the other. Both documents address the financial needs and capabilities of each spouse, considering factors like the length of the marriage, earning potential, and the contributions of each spouse to the marriage’s wellbeing.

The Child Support Worksheet is another document related to the DRDC10F, especially concerning sections dealing with child support calculations. Both documents are vital for calculating the appropriate amount of child support, considering the parents' income, the number of children, and other relevant factors to ensure the children's financial needs are met.

The Parenting Plan document, often required in divorces involving minor children, shares similarities with the DRDC10F form in terms of detailing custody arrangements and decision-making responsibilities regarding the children. Both documents focus on ensuring the children’s best interests are prioritized and that a clear plan is in place for their upbringing post-divorce.

Lastly, the Notice of Right to Convert Health Insurance is similar to the DRDC10F form's sections that might address health insurance issues for the divorcing spouses and their children. While the DRDC10F may not explicitly cover this area, issues around health insurance are often crucial in divorce proceedings, ensuring that all parties have access to healthcare coverage during and after the legal process.

In summary, the Arizona DRDC10F form incorporates various elements found in other legal documents related to marriage dissolution, child custody, property division, and financial disclosures. These similarities highlight the comprehensive nature of legal proceedings in family law, ensuring thorough consideration of all aspects affecting the family’s wellbeing.

Dos and Don'ts

When filling out the Arizona DRDC10F form for the petition for dissolution of a non-covenant marriage with minor children, it's essential to pay attention to the details and understand the required information. Below are nine crucial do's and don'ts:

  • Do accurately fill in your personal details, including your name, mailing address, and telephone number. This information is crucial for court communications.
  • Do ensure that you meet the 90-day residency requirement in Arizona before filing the form. This is a mandatory prerequisite for filing for dissolution.
  • Do list all the property acquired during the marriage and specify how you believe it should be divided. Clarity here helps avoid future disputes.
  • Do disclose any property acquired before the marriage and indicate if you wish to retain this as separate property.
  • Do provide detailed information about any debts incurred during the marriage, as well as any separate debts brought into the marriage.
  • Don't forget to specify your arrangement for filing tax returns post-divorce. This decision affects both parties financially.
  • Don't overlook the section on spousal maintenance. Determine if either party is entitled to support and under what conditions.
  • Don't leave out or inaccurately report any information regarding children of the marriage. This includes details on custody, paternity, and support.
  • Don't sign the form without thoroughly reviewing all the information you've provided. Accuracy and honesty are essential in these statements to the court.

Always remember that the accuracy of the information filled in on this form affects the outcome of the dissolution process. If you have doubts or questions regarding the form or process, it may be beneficial to consult with a professional for guidance.

Misconceptions

Navigating the complexities of legal forms in Arizona, specifically the DRDC10F form for divorce, can be overwhelming. There are common misconceptions about this form that need to be clarified. Understanding these can simplify the process significantly.

  • Misconception 1: Only one spouse needs to meet the 90-day Arizona residency requirement. The truth is both parties, the petitioner and the respondent, must meet the 90-day residency requirement in Arizona before filing for divorce.

  • Misconception 2: The DRDC10F form is only applicable for divorces without minor children. On the contrary, this form specifically addresses the dissolution of a non-covenant marriage with minor children involved, including requests for orders of paternity.

  • Misconception 3: You don’t need to disclose military status. Both spouses must disclose their military status, including whether they have been deployed in the last six months, which could impact the divorce proceedings.

  • Misconception 4: All property acquired during the marriage is considered community property. While many assets obtained during marriage are viewed as community property, certain exceptions apply, such as inheritances or gifts to one spouse.

  • Misconception 5: Debt responsibility is automatically split 50/50. The form allows couples to propose how community debts should be divided, which does not necessarily mean an even split. Decisions are based on several factors including each spouse's ability to pay.

  • Misconception 6: Separate property details are irrelevant for the divorce filing. It’s vital to list property each spouse brought into the marriage since it affects how assets are divided. The form provides space for detailing such separate property.

  • Misconception 7: Filing joint taxes after divorce is not an option. The form outlines options for handling taxes, including the possibility of filing joint returns for years during which the couple was married.

  • Misconception 8: You can’t request alimony if you filed the divorce. Either spouse, regardless of who is the petitioner or respondent, can request spousal maintenance (alimony) if they meet certain qualifications, such as having insufficient property or being unable to support themselves.

  • Misconception 9: The form is all you need for a divorce decree. Completing and filing the DRDC10F is just one step in the divorce process. Additional paperwork, court appearances, and potentially mediation may be required to finalize the divorce.

Understanding these misconceptions can help make navigating the process of filing for divorce in Arizona clearer and more straightforward. It's important to approach this journey with accurate information and, where possible, the guidance of a legal professional.

Key takeaways

Filling out and using the Arizona DRDC10F form, which pertains to the petition for dissolution of a non-covenant marriage with minor children, requires careful attention to detail and understanding of the legal framework. Here are four key takeaways that individuals should keep in mind:

  • Residency Requirements: A critical criterion for filing the DRDC10F form is the 90-day Arizona residency requirement for at least one spouse. This requirement ensures that the state has jurisdiction over the dissolution proceedings. If you or your spouse haven't lived in Arizona for at least 90 consecutive days before filing, you must wait until this condition is met.
  • Community and Separate Property: Arizona law distinguishes between community (joint) property acquired during the marriage and separate property owned by each spouse before the marriage. When filling out the DRDC10F, both spouses must disclose all assets, labeling them accordingly, and express how they believe the property should be divided. This includes real estate, household items, and financial assets. Understanding the difference between these types of properties is crucial for a fair division.
  • Debt Assignment: Just as with property, debts incurred during the marriage must be disclosed and divided between the spouses. The form requires accurate details about each debt, including the creditor, the amount owed, and to whom the debt should be assigned. Debt incurred before the marriage, or separate debt, should also be declared, ensuring that responsibility falls to the right party post-dissolution.
  • Child and Spousal Support: Issues of child custody, support, and spousal maintenance (alimony) are central to the DRDC10F form. It requires detailed information about the children of the marriage, including their living arrangements and any requests for child support or custody. Similarly, if claiming spousal maintenance, one must articulate the basis for the request, guided by specific criteria set out in the law. It's essential to approach these sections with transparency and the children's best interests in mind.

Completing the DRDC10F form thoughtfully and accurately is a significant step towards resolving a legal matter that deeply affects families. Professional legal advice is strongly recommended to navigate these complexities effectively and to ensure that the rights and interests of all parties involved, especially children, are protected.

Please rate Fill in Your Arizona Drdc10F Form Form
4.72
Superb
175 Votes