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Arizona Divorce Certificate Application Form PDF 2023
Use the forms and instructions in this packet ONLY if the following factors apply to your situation:
- You, or the other party filed a “Petition for Dissolution of Marriage (Divorce) Without Minor Children,” AND
- You and the other party have no minor children in common, by birth or adoption, AND
- You have paid the filing fee, AND
- You are ready to complete the court papers to get a Divorce Decree, AND
- You are going to a default hearing, or you are filing a Motion to get a default divorce without a hearing, or you are going to trial.
READ ME: Consulting a lawyer before filing documents with the court may help prevent unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court-approved mediators can be found on the Law Library Resource Center website.
Maricopa County Arizona Divorce Certificate Application Form
INFORMATION ABOUT THE DIVORCE DECREE
- What the Decree Means to You. The Decree is the Court Order that legally ends your marriage. Once the judge or commissioner has signed the Decree, it determines the rights and responsibilities of both you and your ex-spouse. If either party does not do what the Decree tells him/her to do, then the other party may ask the Court for help. This is a very important document. Once it has been signed by the judge, your rights and responsibilities are affected forever.
- Failure to do What the Decree Tells You to do Could Get You into Trouble with the Court. This does not mean that the Court will police you or the other party to make sure you are following the Decree. It does mean that you, or your ex-spouse, can request a “Contempt Order” or an “Order to Enforce” parts of the Decree if you, or your ex-spouse, fail to do what the Decree tells you to do.
- Getting Your Divorce Finalized. Before your divorce can become final, a judge or commissioner must sign the Decree. The Decree states how the property (if any) is divided, how the debts and assets (if any) are divided, and the amount of spousal maintenance/support (alimony)(if any)
- Divorce by Default. If you are seeking a Default Decree, you must repeat, as closely as possible, what you requested in your Petition. You cannot request something different in the Decree than what you requested in the Petition. If you try to do this, the judge or commissioner will not sign the Decree. If you want to change your requests to the Court, you must file an “Amended Petition.” It is a good idea to have your Petition handy when you fill out your Decree so you can refer to it as needed.
Instructions for filling out Divorce Certificate Application Form
- When filling out any court forms, type or print with black ink only.
- Fill out the Decree before you go to your hearing or before you give it to the judge to sign.
- Do not fill in the spaces allocated for the judge’s signature and date.
- If the judge disagrees with anything you have written, he/she may change it before signing the Decree or he/she may ask the parties to come to a hearing.
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PROCEDURES: HOW TO GET YOUR DECREE SIGNED BY THE JUDGE
- Make two copies of the Decree.
- Take the documents to your trial or default hearing. If you are using the default process and you wishto proceed without a hearing, see the procedures and forms to proceed by Motion
Arizona Divorce Certificate Application REQUIREMENTS
Sometimes a court hearing is not required to get a default decree. If you meet the following requirements, you may use this “no hearing” process to request a default decree:
- All parties must be legally competent and sane.
- The “Summons” and “Petition” were served to the other party, other than by publication
- The “Petition” requests to the Court are the same as the requests proposed in the default order.
This means, you cannot use this process if . .
- the responding party was served by publication,
- if the other party is insane or incompetent, or
- if the other party has filed a response, or made an appearance in the cases, or
- the requests to the Court in the proposed default order are not the same as those requested in the “Petition.”
You must have already filed and mailed to the other party an “Application and Affidavit for Default.” Also, it must be at least ten (10) court (business) days since you filed and mailed the “Application.” If you filed for divorce, legal separation or annulment, it must also have been at least 60 calendar days since service of the “Summons” and “Petition” was completed.
Arizona Divorce Certificate Application INSTRUCTIONS
Complete the “Motion and Affidavit for Default Decree without a Hearing”
- Complete the top part of the page with your personal information, name of parties, and case number.
- On the upper page right, mark the box that describes the kind of court order you are requesting (i.e. divorce, annulment, etc.)
- SECTION A :
- Read the information carefully.
- Mark the boxes in front of the statements that are true.
- SECTION B: (To be completed only by parties seeking a decree of dissolution, legal separation, or annulment)
- Mark the boxes that best apply to your situation.
- NOTE: ATTACHMENTS. If you marked a box next to a statement that requires an “attachment”, be sure to attach the required document at the end of the original “Motion and Affidavit for Default Decree without a Hearing.” If you are missing an attachment or any required document, your case could be rescheduled for a hearing, which extends the process and delays your decree or court order.
- SECTION C: (To be completed only by parties seeking a judgment of paternity/maternity, and/or legal decision-making, parenting time or child support.)
- Mark the boxes that best apply to your situation.
- If the statement next to the box asks for an explanation, write it clearly in black ink.
- NOTE: ATTACHMENTS. If you marked a box next to a statement that requires an “attachment”, be sure to attach the required document at the end of the original “Motion and Affidavit for Default Decree without a Hearing.” If you are missing an attachment or any required document, your case could be rescheduled for a hearing, which extends the process and delays your decree or court order.
- SECTION D: To be completed if it applies to you.
- NOTE: ATTACHMENTS. If you marked a box next to a statement that requires an “attachment”, be sure to attach the required document at the end of the original “Motion and Affidavit for Default Decree without a Hearing.” If you are missing an attachment or any required document, your case could be rescheduled for a hearing, which extends the process and delays your decree or court order.
- OATH or Affirmation: Sign and date this in front of the Clerk of Superior Court or Notary, with a picture identification.
- COPY: Make two copies of the original “Motion and Affidavit for Default Decree without a Hearing,” with ALL the REQUIRED ATTACHMENTS.
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Divorce when minor children are involved (for non-Covenant Marriage only)
Step 1 of 4:
- Introduction and the First Court Papers – Court forms and instructions about filing the divorce papers when there are minor children and it is a non-covenant marriage.
Step 2 of 4:
- Service of the Papers – General information and/or court forms and instructions about serving court papers on the other party.
For Step 3 of 4, choose only one of the following
- Response – Court forms and instructions about responding to divorce papers filed by your spouse when there are minor children. OR
- Default: When the other party does not respond – Court forms and instructions about how to get a default hearing for divorce.
Step 4 of 4:
- Default Decree or Decree for Trial – Court forms and instructions about completing the divorce decree process when there are minor children and there is no covenant marriage. OR
- Consent Decree – Court forms and instructions about the divorce process when both parties agree on everything.
Other Information and Forms You May Want
- Divorce/Legal Separation Process Step-by-Step Guide – English – Spanish
- Disclosure Statement – English | Spanish
- Resolution Statement for Divorce/Legal Separation – English | Spanish
- Temporary Orders – Court forms and instructions about Requesting Temporary Orders.
- Conciliation – Court forms and instructions about Requesting Conciliation Services.
- Mediation – Court forms and instructions about Mediation Services.
- Motion to Set for Trial and Certificate of Readiness and Family Law Informal Trial Election – English | Spanish
- Motion to Set for Trial – English | Spanish
- Waiver or Deferral of Court Fees and Costs – Court forms to ask the court to waive or defer fees and costs.
- Request the Court to Change Your Address or Name – Court forms and instructions to ask the court to update its records because of a change of your address or name.
The files included within the Law Library Resource Center’s website are copyrighted. Users have permission to use the files, forms, and information for any lawful purpose. The files and forms are not intended to be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability tor actions taken by the users of these documents, including reliance on their contents. All files are under continual revision. If you are not using these forms right away, or if you plan to use them repeatedly, we strongly recommend that you check the site regularly to determine whether the files you are using have been updated.