Clerk of the Court

Optional: Requesting Temporary Orders (Pre-Decree)

Requesting Temporary Orders with Notice (Pre-Decree)

Use the forms in this Packet ONLY if the following factors apply to your situation:

Packet: Temporary Orders with Notice

  • You (or the other party) have already filed, or at the same time you file these papers, you will be filing, a petition:
    • for divorce, legal separation or annulment, OR
    • to establish legal decision making or parenting time, OR
    • to establish paternity and legal decision making and parenting time, AND
  • You are the parent of the minor child(ren) for whom you need a temporary order for legal decision making, parenting time and/or support, OR

  • You are not the minor child(ren)’s parent but you are listed as a Petitioner or Respondent on the petition for one of the actions listed above; AND

  • If you are asking for a temporary order for legal decision making, parenting time, and/or child support, the minor children have either lived in Arizona for at least 6 consecutive months before the Petition was filed, or since birth if younger than 6 months old, or a lawyer has advised you that you could still pursue the case in Arizona at this time; AND

  • You need a temporary court order for legal decision making, parenting time, and/or child support, while you wait for a final court order; OR

  • You or the other party filed for divorce, legal separation or annulment, and you need a temporary court order for spousal maintenance (alimony), division of property or debt, access to community liquid assets (cash or equivalents) or for spousal maintenance and legal decision making, parenting time, and/or child support while you wait for a final court order.

YOU MAY NOT USE THESE FORMS TO REQUEST TEMPORARY SPOUSAL MAINTENANCE IF YOU ARE NOT LEGALLY MARRIED.

NOTE:  Consulting a lawyer before filing documents   with the court may help prevent unexpected results.   You may view the lists of lawyers by going   to www.azbar.org.

Requesting Emergency Temporary Orders without Notice (Pre-Decree)

1.

You must file papers for temporary orders with notice before the court can consider a request for temporary orders without notice.

2.

Before you can file papers for temporary orders with notice, one of the parties (either one) must file papers for divorce, legal separation, annulment, or to establish legal decision making (or legal decision making combined with paternity, parenting time and or support).

Use the forms in this packet ONLY if the following factors apply to your situation:

Packet: Emergency Temporary Orders without Notice

  • You (or the other party) have already filed, or at the same time you file these papers, you will be filing, a petition for:
    • divorce, legal separation or annulment, OR
    • legal decision making or parenting time, AND
    • A “Motion for Temporary Orders” with notice, OR
  • The other party filed a petition, and you have already filed, or at the same time you file these papers, you will be filing a  “Motion for Temporary Orders” with notice, AND
  • Someone is about to cause serious bodily harm to another person immediately; or the health, safety and welfare of a person is otherwise in serious and immediate jeopardy, AND
  • You can give very specific facts about what the emergency is and why the judge needs to take your case before everyone else, AND
  • You are prepared to post a bond to pay for any costs this court action causes if it turns out that what you said is not true or the judge does not agree with you.
WARNING. If your "Petition for Emergency Temporary Orders (Pre-Decree)" is turned down at one Superior Court location, you may not use these forms to re-file your request at another location.
NOTE: It is very important for you to know that when you sign a court document, you may be helping or hurting your court case.  Before you sign any court document, or get involved with a court case, it is important that you see a lawyer to make sure you are doing the right thing.  You may view a list of lawyers by going to www.azbar.org.