What is a Pretrial Statement?
The Pretrial Statement is a document that contains your positions on issues in your case that have not been resolved; however also states what issues have been agreed upon with the other party in your case. You will list your witnesses and exhibits you plan to use at trial but you will not attach exhibits to your Pretrial Statement. The exhibits are submitted separately. This process is outlined in the order you received from the Court when setting your trial.
The completion of this document will be ordered by the Court at the time your trial is set. It is usually due about 7 calendar days prior to the trial in your case. Typically this document should be completed jointly by both parties; however, that is not always possible due to the fact that the parties may not be able to communicate effectively and/or one of the parties may not be reachable prior to the Pretrial Statement being due to the Court. Each party is permitted to file a Separate Pretrial Statement should communication be an issue but you will have to note to the Court why you are filing separately and not jointly.
What You Need
To fill out the document, you will need:
- Names and contact information for both parties (if either party is represented by an attorney then you need their attorney’s name and contact information)
- Date of service of the Petition that will be decided by the Court at trial
- Type of case (dissolution of marriage, modification of legal decision-making, parenting time, and/or child support, etc.)
- Information regarding children common to the parties, if applicable
- Names and contact information for your witnesses and what they will testify about
- List of documents to use as exhibits
- Issues that have been agreed upon by the parties
- Issues that have not been agreed upon by the parties
- Each party’s position as to each issue that is not agreed upon and how they would like that issue resolved
There are 3 exhibits the Court specifically requests be submitted and filed with the Pretrial Statement. They are as follows:
1. Current Affidavit of Financial Information
2. Inventory of Property and Debt if the case is a dissolution of marriage, legal separation or annulment)
3. Proposed Parent’s Worksheet for Child Support if a child or children are involved
If you are representing yourself in your family court case and completing a Pretrial Statement it is important to review the above instructions. This can be a long detailed document and this should help you complete it in a timely fashion. You can access the professional quality legal documents you need by creating an account with Access Legal. Sign up for free and browse legal documents. You don’t pay anything until you’re ready to create a document.
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What is a Petition for Dissolution of a Non-Covenant Marriage 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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