Blank Arizona Temporary Orders PDF Template

TEMPORARY ORDERS

PRE-JUDGMENT or -DECREE

Packet # 13A

These forms must not be used to engage in the unauthorized practice of law. The court is not responsible for (1) actions taken by the users of these forms or

(2)users’ reliance upon the instructions or information provided.

GENERAL INFORMATION &

Frequently Asked Questions

What are Temporary Orders?

They are temporary decisions by the court. For example, they may include temporary decisions on legal decision-making and parenting time of minor child(ren) or support payments.

The important thing is that these are TEMPORARY.

These temporary decisions made by the court may or may not be the same as the decisions made in the final decree or judgment.

Who can ask for Temporary Orders?

Either the Petitioner or the Respondent can request Temporary Orders.

You can only ask for temporary orders if you or the other party has filed a Petition in Pima County Superior Court. The petition can be for dissolution, paternity judgment, legal decision- making, parenting time, or support.

If there are ongoing proceedings in another court, you cannot file for temporary orders in Pima County.

Why might I need Temporary Orders?

It can take a long time from the start of your case to the time it is finalized. While you are waiting, temporary orders may be necessary to make sure that you and the other party does or does not do certain things.

You may want to ask for temporary orders if:

You need financial assistance for yourself or your child(ren) while the case is pending

The other party will not leave the family residence and you cannot live together

You need decisions about parenting time or legal decision-making

When can I ask for Temporary Orders?

You may file your request at the same time as you file your Petition or Response. The sooner you file, the sooner immediate issues—like having the other party leave the family home or getting financial assistance—can be addressed. Just remember, you can only request temporary orders in Pima County if a petition has been filed in Pima County.

If you are the petitioner, another good time to request temporary orders is when the other party

files a Response. This means the other party disagrees with some or all of what you asked for in your petition. It also means that the case may take longer to finalize. Temporary orders may make the other party more willing to settle because he or she may be ordered to make temporary payments that might not be included in the final decree or judgment.

Do I need a lawyer’s help?

There are times when more complex legal problems will come up, and you may want to get the advice of a lawyer. There are lawyers who will help you help yourself. This means that they will only charge you for giving you the help that you need: you can complete the court forms on your own or ask the lawyer for help.

For more information, call the Self-Service Center at (520) 724-8456.

This symbol is a warning. It can mean a few different things:

The topic can be confusing and you may need to ask a lawyer for help

You may need to make sure that something is done

Whenever you see this symbol, MAKE SURE you read the information carefully

and understand it fully.

How do I request Temporary Orders?

Step 1: Follow the instructions in this packet to fill out the necessary forms.

Step 2: Make 3 copies of:

OVerified Motion for Temporary Orders – required for all requests

ORequest for Temporary Orders Hearing Date – required for all requests

OOrder to Appear RE: Temporary Orders – required for all requests

ORelevant financial affidavit –

Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.

Child support only? Complete the Child Support Financial Affidavit.

OParent’s Worksheet for Child Support Amount – if you are asking for temporary child support. See Packet # 8, Child Support.

Step 3: File the papers with the court. Take all of the copies to the clerk of the court, located on the first floor of the Superior Court Building [110 West Congress, Tucson, AZ 85701. Open 8 am to 9 pm, Monday through Friday, except legal holidays]. Arrive at the court at least an hour before it closes. Tell the clerk that you want to file temporary orders paperwork and schedule a

hearing. The clerk will take your original forms and one set of copies and will stamp your original Verified Motion Re: Temporary Orders and financial affidavit.

If you would like the paperwork returned to you by mail after the judge reviews your forms, provide a self-addressed, postage-paid envelope to the clerk. Otherwise you can pick the paperwork up later.

What do I do now?

After you file your request for temporary orders, a judge will review the forms, schedule a hearing, and issue an Order to Appear. If the situation is not an emergency (as specified on the Verified Motion) the court will schedule your hearing at the earliest available date, which may be in 4 to 6 weeks.

Approximately 10 days after you file, if a judge has signed your Order to Appear Re: Temporary Orders, you can pick up the forms at Superior Court, or the clerk of the court will mail the paperwork to you in the envelope you provided at the time you filed.

Do I need to let the other party know I requested Temporary Orders?

YES! You are responsible for making sure the other party receives copies of all your paperwork you file. This is called “service” and helps assure that the other party knows what is going on with the case. The court usually requires that you serve the other party at least 10 days before a scheduled hearing.

For proper service include:

1 copy of the Verified Motion for Temporary Orders

1 copy of the Order to Appear Re: Temporary Orders, signed by the judge

1 copy of your completed financial affidavit

Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.

Child support only? Complete the Child Support Financial Affidavit.

1 copy of all financial forms listed on the relevant financial affidavit

DO NOT file these documents.

1 blank copy of the financial affidavit(s), for the other party to complete

1 copy of the ARIZONA SUPERIOR COURT, PIMA COUNTY LOCAL RULE 8.5, included in this packet

For Petitioners: If you file your temporary orders request at the same time as you file your Petition, the request can be served along with your other Petition forms once you get the judge- signed Order to Appear. For more information, see Packet # 10, Service on the Other Party.

If you properly serve the other party but you file the Affidavit of Service before the hearing on temporary orders, bring a copy of the affidavit to the hearing.

If the other party has already filed a Response, you can mail the documents that must be served to the mailing address the other party used in the Response.

For Respondents: If the other party has filed a Petition, you can mail the documents that must be served to the mailing address used on the Petition.

What should I expect at my hearing?

At the hearing you and the other party will tell the court why temporary orders should or should not be granted. The hearing is generally short, lasting 30 minutes to an hour. If it needs to go longer the judge may continue it to a later date. After the hearing the judge will make a decision—either right then from the bench and tell you about it or by sending you a written

decision later.

Instructions for Completing

Verified Motion for Temporary

Orders, Pre-Judgment/Decree

This form is required for all Temporary Order requests.

The Caption

OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.

OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.

OPetitioner – Enter the Petitioner’s name.

ORespondent – Enter the Respondent’s name.

VERIFIED MOTION FOR TEMPORARY ORDERS

Tell the court what sort of temporary orders you want.

OCheck all boxes that apply

REQUIRED INFORMATION FROM ME, UNDER OATH: 1. Petition

OEnter the date the Petition was filed

2.No other orders

OCheck this box to assure the court that you do not know of any ongoing proceedings concerning this case happening outside Pima County. If this is not true, do not continue.

3.Minor Children

OWrite the name, date of birth, address, and county of residence of all minor children affected by this case.

THIS IS WHAT I WANT THE COURT TO ORDER

4. Legal Decision-Making for the minor child(ren) in common

OCheck if you want temporary orders concerning legal decision-making and you already

checked the “legal decision-making and parenting time” box at the top of the Verified Motion.

Check to request

OSole legal decision-making

OJoint legal decision-making

For more information, see Packet # 9, Parenting Plans.

5. Parenting Time for the minor child(ren) in common

OCheck if you want temporary orders concerning parenting time and you already checked the “legal decision-making and parenting time” box at the top of the Verified Motion.

OAttach a completed Parenting Plan. See Packet # 9.

6.Child Support for the minor child(ren) in common

OCheck if you want temporary orders concerning child support and you already checked the “child support” box at the top of the Verified Motion.

OAttach a completed Parent’s Worksheet for Child Support Amount. See Packet # 8, Child Support.

7.Spousal Maintenance

OCheck if you want temporary orders concerning spousal maintenance and you already checked the “spousal maintenance (alimony)” box at the top of the Verified Motion.

OAttach a completed Financial Affidavit, included in this packet.

By checking the box and attaching the affidavit you are telling the court that you currently lack sufficient property or income to provide for your reasonable needs and that the other party is employed or employable and financially capable of providing temporary spousal maintenance to you.

OWrite on the line the amount of temporary monthly spousal maintenance you are requesting.

8.Medical Insurance and/or Costs

OCheck if you want temporary orders concerning who will pay for you and the minor children’s temporary medical, dental, and health insurance, or for the out-of-pocket temporary medical, dental, and health expenses reasonably incurred by you and the

minor children.

9 a-b. Property

OCheck if you want orders concerning a temporary division of property and you already checked the “property and/or debt” box at the top of the Verified Motion.

OList the property that should be temporarily given to you.

OList the property that should be temporarily given to the other party.

10 a-b. Debts

OCheck if you want orders concerning the temporary assignment of debt and you already checked the “property and/or debt” box at the top of the Verified Motion.

OWrite the debts, amounts, and creditors that you will pay.

OWrite the debts, amounts, and creditors that the other party will pay.

11.Other Reasons and/or Other Requests

OCheck the box if you have any other reasons for temporary orders or any additional temporary order requests and you already checked the “other” box at the top of the

Verified Motion.

ODescribe the reason(s) and request(s) on the lines.

OATH AND VERIFICATION

ODO NOT SIGN the form except in front of a notary. When you file the papers with the court, sign the form in front of the clerk. The clerk will notarize your signature for free. You must bring a valid, government-issued picture ID (such as a driver’s license) so the clerk knows whose signature is being verified.

OYou can write your name on the first line and check whether you are “Petitioner” or “Respondent,” but do not sign.

Name: ___________________________________

Address: _________________________________

City, State, ZIP: ____________________________

Daytime Telephone No: ______________________

Representing Self, Without a Lawyer

ARIZONA SUPERIOR COURT, PIMA COUNTY

REQUIRED INFORMATION FROM ME, UNDER OATH, CHECK ALL THAT APPLY:

1.Information about the Petition for Dissolution (divorce) or Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support. (NOTE: You cannot request a temporary or a temporary/emergency order unless you or the other party has completed and filed a Petition for Dissolution of Marriage or a Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support.)

Date petition was filed: ________________________________

The allegations of the Petition for Dissolution or the Petition for Paternity with Legal Decision- Making, Parenting Time, and Child Support are incorporated herein by reference.

2.(You must check here, and this must be true) To the best of my knowledge, no temporary orders regarding these matters have been entered in any other court, and no court proceedings are pending for temporary orders.

3.The minor children affected by this Petition, if any, are:

THIS IS WHAT I WANT THE COURT TO ORDER:

4. LEGAL DECISION-MAKING FOR THE MINOR CHILD(REN) IN COMMON:

I am the fit and proper person to be awarded temporary sole legal decision- making of the minor child(ren) and such legal decision-making is in the best interests of the child(ren).

I believe that both parents are fit and proper persons to be awarded temporary joint legal decision-making for the minor child(ren) and such legal decision-making is in the best interest of the child(ren).

5. PARENTING TIME FOR THE MINOR CHILD(REN) IN COMMON:

Each party should be granted reasonable temporary parenting time as described in the attached Parenting Plan.

6. CHILD SUPPORT FOR THE MINOR CHILD(REN) IN COMMON:

An order requiring the opposing party to pay to me a reasonable sum for temporary

child support as determined by the Arizona Child Support Guidelines, according to the Parent’s Worksheet for Child Support that is attached.

7.SPOUSAL MAINTENANCE:

a.Attached is a Financial Affidavit showing that I currently lack sufficient property or income to provide for my reasonable needs.

b.The other party is employed or employable and is financially capable of providing temporary spousal maintenance to me.

c.An order requiring temporary spousal maintenance in the amount of $ ________

per month.

8.MEDICAL INSURANCE AND/OR COSTS:

An order requiring a party to provide temporary medical, dental, and health insurance for my benefit and for the children, and how the uncovered medical, dental, and health expenses incurred will be paid.

9.PROPERTY: (include an additional page, if necessary)

a.To me: __________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

b.To the other party:_________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

10.DEBTS: (include an additional page, if necessary)

a.I Should Pay:

DEBTAMOUNTCREDITOR

__________________ _________________ _________________

__________________ _________________ _________________

__________________ _________________ _________________

__________________ _________________ _________________