Decree Of Legal Separation For A Non Covenant Marriage Without Minor Children

FOR CLERK'S USE ONLY (A) Name of Person Filing: Mailing Address: City, State, Zip Code: Daytime Phone Number: Evening Phone Number: ATLAS Number (If Applicable): State Bar Number (If Applicable): Representing: Self Without a Lawyer Attorney for Petitioner OR Respondent SUPERIOR COURT OF ARIZONA IN MOHAVE COUNTY _____________________________ (B) (Name of Petitioner) (C) Case Number:____________________________ _____________________________ (B) (Name of Respondent) DECREE OF LEGAL SEPARATION FOR A NON-COVENANT MARRIAGE WITHOUT MINOR CHILDREN By Consent (Pg. 8) By Default After Trial (D) THE COURT FINDS: 1. This case has come before this court for a final "Decree of Legal Separation Without Minor Children." The court has taken all testimony needed to enter a Decree, or the court has determined testimony is not needed to enter the Decree. This court has jurisdiction over the parties under the law and the provisions of this Decree are fair and reasonable under the circumstances. SERVICE BY PUBLICATION: If Respondent was served by publication and was not personally served, this court cannot make legal orders with respect to issues of community property or debt, or spousal maintenance/support. The court reserves jurisdiction until personal service is made upon respondent to consider the maintenance/ support of either spouse, the disposition of community property or debts, and any other relief requested in the Petition or orders deemed necessary by the court. 2. 3. 4. The Court finds that: a. b. c. Residency Requirement: At the time this action was filed, the Petitioner or the Respondent lived in Arizona, or had lived in Arizona while a member of the United States Armed Forces. Conciliation Court: The provisions relating to the Conciliation Court either do not apply or have been met. This is not a covenant marriage. Irretrievably Broken or Separate and Apart: The marriage is irretrievably broken or the parties desire to live separate and apart. The Respondent has not objected to a Decree of Legal Separation. Spousal Maintenance/Support, Division of Property and Debt: Where it has the legal power and where it is applicable to the facts of this case, this court has considered, approved, and made Orders relating to issues of spousal maintenance/support (alimony), and the division of property and/or debts. d. 10/4/2010 Page 1 of 9 American LegalNet, Inc. www.FormsWorkFlow.com Case No.______________________________ e. Community Property and Debt: The parties did not acquire any community property or debt during the marriage, OR There IS an agreement as to division of community property and debt, all community property and debt is divided pursuant to this Decree. There is NO agreement as to division of community property and debt, but all community property and debt is divided pursuant to this Decree. Pregnancy and Paternity: Wife is not pregnant, OR Wife is pregnant, and the other party (husband) IS NOT the father of the child. Spousal Maintenance/Support (Alimony). The Petitioner, OR The Respondent lacks enough property, including property given to him or her as part of this separation, to provide for his or her reasonable needs, and is unable to support himself or herself through an appropriate job, or is of a condition that they should not be required to look for work outside the home, or lacks earning ability necessary to support himself or herself, or contributed significantly to the educational opportunities of the other spouse, or had a marriage that lasted a long time and is of an age that may severely limit the possibility of getting a job to support himself or herself. f. g. (E) THE COURT ORDERS: 1. 2. THE PARTIES ARE LEGALLY SEPARATED. ENFORCEMENT OF TEMPORARY ORDERS: All obligations ordered to be paid by the parties in Temporary Orders dated (fill in dates of ALL temporary orders here) ________________________________ (Dates of Temporary Orders Continued): ______________________________________________________________________________________ ______________________________________________________________________________________ are satisfied in full or judgment is awarded against the party with the obligation up to the amount due and owing as of the date of this Decree, with the highest legal interest allowed by law, for the total amount of $___________________________. 3. SPOUSAL MAINTENANCE/SUPPORT (Alimony): a. b. Neither party shall pay spousal maintenance/support (alimony) to the other party, OR The Petitioner, OR Respondent is ordered to pay the other party the sum of $_______________ per month spousal maintenance BEGINNING THE FIRST DAY OF THE MONTH after this Decree is signed. Each payment shall be made by the first day of each month. after that and shall continue until the receiving party is remarried or deceased or until (date)_____________. All payments shall be made through the Support Payment Clearinghouse by automatic wage assignment, until all required payments have been made under this Decree. Payments made shall be included in receiving spouse's taxable income and is tax deductible from the paying spouse's income as required by law. Spousal maintenance/support payments end if the receiving party is remarried or deceased. 4. PROPERTY, DEBTS AND TAX RETURNS: a. Petitioner is ordered to pay all debts unknown to Respondent, AND Respondent is ordered to pay all debts unknown to Petitioner, AND 10/4/2010 Page 2 of 9 American LegalNet, Inc. www.FormsWorkFlow.com Case No._______________________________ Each party is ordered to pay his or her debts from the following date, ____________________. b. c. d. Other orders and relief relating to property or debt are contained in Exhibit A, which is attached and incorporated into this Decree. Each party is assigned his or her separate property and Petitioner must pay his/her separate debt, and Respondent must pay his/her separate debt. This Decree can be used as a transfer of title and can be recorded. Parties shall sign all documents necessary to complete all transfer of title ordered in this Decree, such as motor vehicles, houses, and bank accounts. The parties shall transfer all real and personal property as described in Exhibit A to the other party on or before (date) ___________________, by 5:00 p.m. If the party required to transfer the property has not transferred the property to the party entitled to receive the property on or before the date and time listed above, the party entitled to receive the property is entitled