Get Organized
Pre-Drafting Checklists
Prepare yourself for the family court journey with our comprehensive checklists, designed to guide you through every necessary step with confidence. Utilize these resources to ensure you have all the critical documents and information needed for a smooth and organized court process.
I Need To Change Or Enforce My Order Checklist
The document “I NEED TO CHANGE OR ENFORCE MY ORDER CHECKLIST” provides a detailed guide on the necessary steps and information required to change or enforce a court order. It outlines essential details such as the date and court of the original order, the specific sections in question, and the signatures involved.
The checklist also emphasizes the importance of explaining the reasons for the requested change or enforcement, presenting supporting evidence, and specifying the desired court action. impact on children during and after divorce.
Our Case Involves Children Checklist
The PDF document titled “OUR CASE INVOLVES CHILDREN CHECKLIST” outlines essential information needed to start a legal case involving children. It includes details such as names, dates of birth, physical characteristics, social security numbers, residential and work addresses of both parents, and the duration of their residence in Arizona.
The checklist also covers questions regarding the children’s living history, any active protection orders, military status of parents, birth certificate details, DNA testing needs, and various aspects related to custody and support. Additionally, it addresses issues like domestic violence, substance abuse, special needs, legal interests, health insurance, tax claims, decision-making, communication, time-sharing, holiday division, and child exchange logistics.
EVIDENCE CHECK LIST
Download this checklist for sources of evidence to support the case you are making to the court.
We Need To End Our Marriage
The “WE NEED TO END OUR MARRIAGE CHECKLIST” is a comprehensive guide to help individuals gather necessary information for initiating a divorce process. It includes personal details of both spouses such as names, dates of birth, social security numbers, and addresses. The checklist also prompts users to provide information on prenuptial or postnuptial agreements, assets, debts, household items, property ownership, and any businesses owned. Additionally, it covers aspects like health insurance, spousal maintenance, tax filing status, and any separate funds or inherited items involved
Evidence Checklist
Every case requires you to disclose information you plan to use to make your case in court. Below is a list of items that you will want to have available, if possible.
Financial Evidence Checklist
Decision Making Checklist
Exchanges
Parenting Time
Domestic Violence
Child Abuse
Enforcement Of Out-Of-Pocket Expenses
Sharing Your Evidence With The Other Side
Information that has not been disclosed/shared with the other side is not generally admissible at trial so it is important to update the other side using this form as soon as you have new information.
Affidavit of Financial Information: Required**
If attorney fees, child support, or other financial issues are present in your case, you MUST file an Affidavit of Financial Information with the court along with the required tax returns, pay stubs, etc. It is important that you update this filing if any of your financial information changes.
This document gives the court insight into your income and expenses and provides context to the impact any financial ruling may have on the parties.
Declarations/Character Letters:
You may have family, friends, or other witnesses who would like to document their experiences for the court.
This template provides a format that let’s the court know who they are, why their statement is relevant, and what they have observed.
Disclosure Statement: Required**
Any witness or evidence you intend to use at trial potentially must be shared with the other side promptly. Any information that has not been shared with the other side can be excluded at trial, devastatingly impacting your case.
This form allows you to document what was shared and when. When you send this form to the other side, make sure you also include the evidence listed on the form.
How to Request Records Directly
You can ask the other side to provide information and records or answer written questions under oath to help build your case.
These requests have to be “served” to the other party. Example forms are included below.
Medical Records
You will usually need a HIPPA release signed by the other party to receive medical and pharmacy records.
You can provide this form to the other side to sign for each provider from whom you plan to request records.
Department of Child Safety Records
You may order Department of Safety Records related to any adult in the household who is a primary caretaker or any child common to the parties.
You must submit this notarized form. Records may take a long time. You can also ask your judge to issue an order for the release of the records. Follow up with DCS early and often.
Employer Pay Information
Employer pay information can be obtained by sending this letter to the employer.
Subpoenas
Subpoenas are a great tool for requesting records from providers, requesting individuals to testify, and gathering information that the other side may not want you to have.
For example, if the other party says they cannot pay child support, you might subpoena the credit application for a vehicle or rental to show they signed a document claiming a certain level of income.
Requesting Info from the Other Party
Legal discovery is a pretrial process that allows parties involved in a lawsuit to exchange information and evidence.
The goal of discovery is to prevent one side from being surprised by the other side’s evidence or witnesses during trial.
ASKING THE OTHER PARTY TO ADMIT OR DENY UNDER OATH
You may ask a party, under oath, in writing to admit or deny specific facts, events, or allegations, as well as to provide a basis for their answer.
This can be a powerful tool as it is a low-cost way to get sworn answers to critical case questions.
HOW TO GIVE THE OTHER PARTY NOTICE THAT YOU ARE SERVING REQUESTS FOR EVIDENCE
You must serve (give formal notice) that you are making discovery requests.
This template will allow you to tell the other party what you are requesting and when responses are due
Request for Production
Requests for Production allow you to ask another party to provide records related to the case.
The requests can be broad from cash app statements to social media posts.
ASKING THE OTHER PARTY TO ANSWER QUESTIONS AND PROVIDE RECORDS (NUI)
Non-uniform interrogatories are a fancy way of saying that you can ask the other side questions and have them support their answers with documents that defend their position. For example, there may be a concern that the other side uses marijuana to the point of impairment.
You may ask do you buy marijuana? If so, please provide all dispensary records relating to your purchases.
STANDARD QUESTIONS TO ASK THE OTHER PARTY (UI)
Uniform Interrogatories are set questions provided under the rules that allow you to request most of the essential information you may require from the other side.
Motion to Compel: The Other Party Won’t Comply with or Respond to My Requests
A Motion to Compel is a document that you can file with the Court to notify the judge that you need assistance getting the other side to comply with your request.
You need to make a concerted effort to resolve any disputes regarding discovery with the other side before filing this Motion.
