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What is a Petition for Petition for Divorce With Children?
This petition is the document that is filed to initiate divorce proceedings in Maricopa County and throughout Arizona. Filed with the other documents required by the State of Arizona, this Petition contains the statement that your “marriage is irretrievably broken.” All Arizona divorces require the filing of a Petition along with other required documents sold within the Access Legal bundle.
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The party who files is called the Petitioner, and will always be known by that title, even in future actions for modification and enforcement. The other party will be called the Respondent. There is no way for both parties to be Petitioners. The Respondent has 20 days to file a response before the Petitioner can file for default judgement if s/he is located within the state. A respondent has 30 days to submit a response if located out of the state. Learn more about what happens if you don’t file a response.
In order to file a Petition for Dissolution in Arizona, you and/or your spouse must have lived in Arizona for at least the past 90 days, and any minor child involved must have lived in Arizona for at least the past 6 months. Only file a Petition for Dissolution With Children if the minor children in question are the legal/biological children of the two parties. The children need not have been born during the marriage.
What You Need
To fill out the document, you will need basic demographic information like your
- Date of marriage
- Information regarding your minor children
Is Your Marriage Non-Covenant?
Not sure if you have a Covenant or Non-Covenant Marriage? Created by the Arizona Legislature on August 21, 1998, a Covenant Marriage requires the following characteristics:
- Pre-marital counseling
- Written statement requesting a Covenant Marriage signed by both parties and attached to the marriage license application
- The words “Covenant Marriage” on your Marriage License
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