Frequently Asked Questions
Questions / Adoption
Can I have information from an adoption file?
A: You may
obtain a motion to open an adoption file from the Clerk’s Office
at either the Durango or Southeast Facilities. The instructions are
included on the form. We request a $42 deposit for the cost of research
and copy fees. The form must be notarized before being returned.
The court will not routinely release identifying information. If you
are looking for a reunion with a birth parent or a child given up for
adoption, you may want to contact the Confidential Intermediary Program
through the Supreme Court. The Confidential Intermediary will be given
permission to review files and records in order to locate a party (but
cannot release identifying information to their client). If a party
is located and agrees to meet the other party, a reunion can be made.
If any party objects, there can be no reunion and information cannot
be exchanged. The phone number is (602) 542-9586.
Questions / Changing a Name
I am filing for a divorce. I would like my maiden name back.
What do I do?
A: There is a section on your Petition for Dissolution of Marriage
that addresses this issue. Please refer back to your instructions that
came with your packet. If you are the Respondent and you wish to have
your maiden name restored, the packet contains a form entitled "Request
to Restore Maiden Name" that you can fill out and have filed with
the DR File Counter.
What if I am already divorced and I wish to have my maiden name
given back to me?
A: Once the divorce has become final and the issue of restoring
your maiden name was not addressed, you will need to file for a name
change with the court. The
Self Service Center has the necessary forms for
name changes or you may purchase a packet from an office
supply or legal form store for filing a name change.
I would like to change the name of my child and amend the birth
certificate to reflect the new name. What do I do?
A: If you want to amend the birth certificate to reflect the father's last name and the parents were not
married, you can file to establish paternity. If you want to legally change the name of a minor child, you can
file the necessary forms with the court. You can obtain the forms at the
Self Service Center website or locations. You may also purchase the forms at an office supply or legal form store. You will need to be sure that you
ask that the Birth Certificate be amended to reflect the new name with
AZ Vital Records. This is a civil matter and you will need to file
at the Civil Filing Counter.
Questions / Child Support
I want to change child custody/child support. What do I have
to do?
A: If you and your ex-spouse are in agreement regarding the
changes, you can pick up the forms at the Self
Service Center The stipulation consists of what the current order
states and what you are requesting that it be changed to. Both parties
will have to sign the Stipulation and have their signatures notarized.
The Order is for the Judge to sign adopting the provisions of the Stipulation.
You will need to file the original Stipulation at the Family Court File
Counter. You will then need to take two copies of the Stipulation, original
order, two copies of the order and two stamped, self-addressed envelopes
to the Family Court Administrator’s Office and get the Judge Assignment.
You will leave the documents in the Judge’s box.
If you and your ex-spouse are not in agreement regarding the change,
you can go to the Self
Service Center or an office supply or legal form store to obtain
the forms for filing for a modification. The forms consist of: Petition
for Modification of........, Order to Show Cause RE...., or Order to
Appear, two Affidavits of Financial Information and a copy of Local
Rule 6.4. You will need to fill out the forms, make three sets of copies
of all the documents (except the one Affidavit of Financial Information
and the copy of Local Rule 6.4) and file the original Petition and your
Affidavit of Financial Information at the Family Court File Counter.
You will then leave the documents in the Judge’s box. Your next
step will be to hire a Process Server of the Sheriff’s Office to
serve a set of forms to your ex-spouse after a hearing has been set.
Where do I go to get help re: child support matters - I cannot
afford an attorney?
A: The Self
Service Center has forms and you can be assisted through the filing
process. No legal advice, however, is given but they can ask for the
Lawyer’ Roster there which gives fees, pro bono, etc., of Family
Court attorneys. They can also be given names of other agencies that
may be able to help if financial assistance is needed. Forms are also
available at E-Forms-on-Demand.
Questions / Copies
What does "certified" mean?
A: A "certified" copy opposed to a plain copy is
stamped and sealed to attest that the copy is a true and correct copy
of the original on file in the Clerk’s Office.
Why/When would I need to have a copy certified?
A: It depends on who is requesting the copy and why they need
to verify the information contained in the document. Remember, the fee
for copying a document is $0.50 per page with an additional $18.00 fee
for certification; therefore, it is always a good idea to check with
the person who is requesting the document before obtaining the copy.
Questions / Divorce
How much does it cost to file for a divorce?
A: Please click here for a listing of
court fees.
Do both parties have to sign the divorce papers?
A: No, only the Petitioner will need to sign the initial filing papers with
the exception of the Acceptance of Service. The Respondent can sign
the Acceptance of Service after the divorce has been filed with the Clerk of
Court. If the Respondent refuses to sign the Acceptance of Service,
you will need to hire a Process Server or the Sheriff’s Office to
serve the papers. Service can also be done by certified mail or National Courier Service.
The respondent has to be the one to sign for it. Appropriate service affidavits will then
need to be filed with the Clerk of the Court.
What are the steps in involved in filing a divorce?
A:
1) If the party wishes to file their own divorce, they can pick up the
forms at the
Self Service Center, 101 W. Jefferson, from 7:30 a.m. to
5:30 p.m. or Mesa at 222 E. Javelina or the Northeast Facility at 18380
N. 40th St., Suite 120, Phoenix, or the Northwest Facility at 14264 W.
Tierra Buena lane, Surprise, from 8:00 am to 5:00 p.m., or download the forms
at eForms, or buy the forms at either an office supply, legal forms store
or any retail or bookstore that sells the forms. The forms come in packets.
2) The party who is filing the divorce will need to fill out a Cover Sheet, Petition for Dissolution of Marriage, Summons,
Preliminary Injunction, Sensitive Data Sheet, Notice Regarding Health Insurance and if applicable the Affidavit Regarding Minor Children and Order
and Notice to Attend a Parenting Class. NOTE: Some of these documents will need to be notarized; this can be done at the Family
Court Filing Counter at no charge.
3) The petitioning party will need to bring the original packet of forms plus two sets of complete copies of the forms.
This does not include instructions.
4) The clerk at the counter will assign you a case number, collect the appropriate fees and file in the documents that
are necessary to start the divorce. The clerk will stamp two sets of copies, one for you to retain for your records and
one for service to the other party.
5) Once the initial papers have been processed, the petitioning party
will need to have the respondent served with one set of the copies.
If the respondent is in agreement, he/she can sign the Acceptance of Service
form contained in the packet either at the time that the divorce is filed or
anytime after the divorce proceedings has begun. If the respondent party is
not in agreement, the petitioner will need to make arrangements with a Process
Server or the Sheriff's Office
to have the papers served. Service within the State of Arizona can
now be done by certified mail or National Courier Service. The respondent has to be the one to sign for it.
Appropriate service affidavits will then need to be filed with the Clerk of the Court.
I need to serve my spouse, but he/she is out-of-state. What
do I do?
A: You can send your spouse an Acceptance of Service form,
he/she would need to have it signed, notarized and return the document to you for filing.
Another available option is you can serve the papers on your spouse by Registered
Mail/Restricted Delivery, which means only your spouse can sign the Green Receipt
Card as proof of service. Appropriate service affidavits will then need ot be filed with the Clerk of the Court.
I need to serve my spouse but I don’t know where he/she
is. What do I do?
A: You will need to publish a copy of the Summons in a local
newspaper that publishes legal notices. The publication must run once
a week in the newspaper for four consecutive weeks. At the end of the
publication period, you should receive the newspaper clipping showing
the ad as it was published and an Affidavit showing the dates publication
took place. You will need to file the Affidavit with the newspaper clipping
attached to it with the Clerk’s Office and an Affidavit of Service
by Publication, which can be obtained at the Self-Service
Center.
Is it necessary for the respondent to file a response?
A: No, it is not. If the respondent does not agree with information
contained in the Petition for Dissolution of Marriage, he/she will need
to prepare a written response and file it with the Clerk’s Office.
The respondent is required to provide a copy of the response to the
Petitioner or to the Petitioner’s attorney.
How much does it cost to file a response to a divorce?
A: Please click here for a listing of court fees.
If I cannot afford to pay the fees, can I have my fees deferred?
A: You may fill out an Application for Deferral of your filing fees and/or service fees.
Your application will be reviewed and if you qualify the court may allow you to make payments for your fees.
Questions /
Exhibits & Confidential Materials
Do I need a court order to see exhibits or transcripts stored
in the Exhibits & Confidential Materials Section?
A: All exhibits and transcripts are public record and can be viewed by anyone, unless they are specifically
ordered sealed by the Court.
Criminal exhibits are available for viewing at two locations:
Central Court Complex
201 W. Jefferson
Phoenix, Arizona
Southeast Regional Facility
222 East Javelina
Mesa, Arizona
Non-Criminal exhibits and confidential materials are available for viewing at two locations:
Customer Service Center
601 W. Jackson
Phoenix, Arizona
Southeast Regional Facility
222 East Javelina
Mesa, Arizona
The hours of operation at the facilities listed above are weekdays, between 8AM and 5PM. Copies can be made of paper exhibits, the statutory fee applies.
How can I get documents or exhibits released to me from the
Exhibits and Confidential Materials Section?
A: You will need a court order and valid identification (driver’s
license or other picture I.D.) to remove materials from this section.
How long do you keep exhibits?
A: There are strict criteria that have to be met in order to
return exhibits or dispose of them. There is no set time for a case;
only specific criteria that must be met to determine when an individual
case closed.
1) At the conclusion of a hearing, exhibits not offered
into evidence or received in evidence by the court, can be returned
to the respective parties. If the matter is taken under advisement,
exhibits can be returned at the time of ruling.
2) There is a different method of return for exhibit
offered into evidence or received in evidence by the court.
3) In civil cases, Local Rule of Maricopa County 2.8(d)
is used to determine that the case is closed for all parties. When a
case is determined closed, including such considerations as a final
judgment or decree, all appeals times are over, complete, dismissal
of the case, etc., exhibits can be released to the parties or disposal
can occur.
4) In criminal cases, Arizona Rules of Court - Rules
of Criminal Procedure 28.1 and 28.2 and Local Rules of Maricopa 2.8(d)
are used to determine that the case is closed for all parties. When
a case is determined to be closed, including such considerations as
all appeal times are over, all post-conviction relief time is over,
all sentences have been completed, etc., exhibits can be returned to
the parties. If exhibits cannot be returned to the parties, they can
be released to the agencies that seized them if contraband or of value
or disposal can occur if a paper exhibit.
Will Exhibits and Confidential Materials Section have transcripts
of all hearings?
A: No. Be aware that the presence of a court reporter taking
down the proceedings in a hearing does not automatically mean that the
court reporter is going to prepare a written transcript of the proceedings.
Unless the court reporter is requested to print up the transcript and
is paid to do so or by rule or court order, only the notes of the hearing
are kept by the court reporter. If Exhibits and Confidential Materials
Section does not have a transcript on file, it would be necessary to
contact the court reporter to arrange to have one printed.
Questions / General
How much is the filing fee?
A: For a listing of court fees, please click
here.
How do I find out about job openings in the Clerk’s Office?
A: For a listing of job openings, please
click here.
Where are you located?
A: For a listing of office locations and hours, please
click here .
Questions / Juvenile Matters
Can a juvenile be emancipated?
Emancipation laws
became effective in the State of Arizona as of August 12, 2005, when it became
possible for a minor that is at least 16 years of age to petition the Court
for the status of an emancipated minor.
In Arizona, a child is considered emancipated when that child
reaches 18 years of age, upon marriage, active military service,
or by order of the Court. A minor can petition the Court for
emancipation if ALL of the following apply:
- The minor is at least 16 years of age
- A resident of this state
- Is financially self-sufficient
- Reads and understand the information provided by the Court regarding the rights and obligations
as well as the potential risks and consequences of emancipation; and
- Is not a ward of the Court in the care, custody, and control of a state agency.
The Filing fee for Petition for Emancipation $161.00. The filing fee for Answer to Petition for
Emancipation $176.00.
I can’t control my child, what can I do?
A: Contact the Juvenile Probation Department's FINS Unit (Families In Need of Services) at (602) 506-4308.
CPS has taken my children and left me a Temporary Custody Notice,
what do I do?
A: CPS has 72 hours to either return the children or file a dependency petition
with the Court. If a petition is filed a hearing must be held within seven (7) days. The parent can make a request for a review of
temporary custody hearing and can request an attorney and/or interpreter be appointed to represent and assist them.
Questions / Marriage Licenses
Do you require a blood test?
A: No
Is there a waiting period to get married?
A: No
How much is a certified copy of a marriage license?
A: $18.50
How long is a marriage license valid before the ceremony?
A: The marriage ceremony must be performed within one year
of the issuance of a license or the license expires.
Questions / Orders
of Assignment
When do Orders of Assignment become effective?
A: Without Notice Order of Assignment to the first employer,
it is binding 14 days after service of the Order of Assignment to the
employer or payor of funds. The Without Notice Order of Assignment is
binding upon future employers or payors 14 days after the employer receives
a copy of the Order of Assignment.
Automatic and After Hearing Orders of Assignment are binding on the
employer or payor 14 days after the employer has received the Order
of Assignment.
Packets to initiate a Without Notice Order of Assignment are available
from the
Self Service Center
How do I notify the Clerk of the Court of a change in employment
for the payor?
A: You must submit in writing the following information: Case
number, name and address of the payor, social security number of the
payor, name of the new employer, and the complete mailing address for
the employer. This information may be mailed to Clerk of Superior Court,
Attn: Support Finance, 201 W. Jefferson, Phoenix, AZ 85003 or faxed
to (602) 506-1937.
How is an Order of Assignment stopped?
A: A Motion to Stop or Modify the Order of Assignment must
be filed with the Clerk of the Court if the Order of Assignment does not include a presumptive termination date.
Forms are available at the
Self Service Center.
Questions / Paternity
I need to get the father of my child’s name on the birth
certificate. What do I do?
A: You can file a Voluntary Paternity action with the Superior
Court. Both parents have to be in agreement and Mom cannot have been
married at the time she gave birth or 10 months proceeding the birth
of her child. The forms are available at the
Self Service Center . You can pick up the forms, fill them out
and file them at the FCFile Counter. Both parents can go to the Self
Service Center together, fill out the forms and file them. The Deputy
Clerk at the FC File Counter will sign the Order Establishing Paternity
at the time of filing.
What if I don’t qualify for a voluntary paternity?
A: You can go to the
Self Service Center or go to an office supply or legal form store to purchase the
forms for establishing paternity. The forms consist of: FC Cover Sheet, Petition for Declaration of Paternity/Maternity,
Summons, Admission of Paternity, Sensitive Data Sheet, Acceptance of Service (if the respondent is willing to accept service), Application
and Affidavit for Entry of Default and the Order of Establishing Paternity. The Petitioner should have the original
documents plus at least two sets of copies. The FC Cover Sheet and the Petition for Declaration of Paternity/Maternity
are filed at the FC File Counter. After it has been filed, the petitioner will need to hire a Process Server of the
Sheriff's Office to have it served if the responding party refuses to sign the Acceptance of Service.
Service within the State of Arizona can now be done by certified mail or National Courier Service.
The respondent has to be the one to sign for it. Appropriate service affidavits will then need to be filed with the Clerk of the Court.
I need to establish paternity, but the mother/father is deceased.
What do I do?
A: We do not have any information regarding how to establish
paternity when one of the parents is deceased. You will need to contact
an Attorney for assistance in establishing paternity.
I have established paternity. I need to establish an Order for Child Support, Custody, etc. What do I do?
A: You can go to the Self Service Center or go to an office supply, legal form store or a document preparation service to
obtain the forms for establishing post paternity orders. These forms are available for one parent to file on their own or you
can use the Stipulation packet if both parties are in agreement regarding the issues. After you obtain the forms, you will need
to file them at the Family Court Filing Counter. You should have an original set of the forms plus three copies.
The clerk at the filing counter will file in the required original documents. The clerk will also stamp your copies. Once
your filing is complete, you will need to proceed by forwarding your documents to the judicial officer on your case and/or
service. This will vary depending on the documents that you file; you will need to refer to the instructions in your packet for
your next step.
Questions / Restitution
I am not getting any payments of restitution that the court
ordered to be paid to me through the Clerk’s Office. What can I
do?
A: You should consult an attorney, who will give you the necessary
information and direction to file a civil suit, pursue the payers probation
officer (if on probation), or suggest other avenues that are available.
The Clerk’s Office only records the filings, receives payments,
sends checks to recipients, maintains filings. These are also available
to the public and the Clerk is there to assist in viewing/copying public
records. For further information regarding restitution, please call
(602) 506-1189.
Questions / Support
Services
What is the Arizona Electronic Payment Card?
A: The new Arizona Electronic Payment Card (EPC) is safer
and more convenient than paper checks. With the Arizona Electronic Payment
Card, you can access your cash 24 hours a day, 7 days a week through
Automated Teller Machines (ATMs) and retail Point-of-Sale terminals throughout
Arizona and across the country.
Use the Card at ATMs
You can use the EPC to withdraw cash in local currency at over 90,000 ATMs throughout the world and more than 30,000 surcharge-free
Bank One, Chase, and Allpoint ATMs in the U.S.
Use the Card at Retail Locations
You can use the EPC anywhere that accepts Visa debit cards, including grocery stores, gas stations, restaurants, and more.
Customer Service
For customer service call 1-866-802-7011 or visit the website at www.myaccount.chase.com.
If you would like to sign-up for the Electronic Payment Card place contact
your local Department of Child Support Enforcement Office.
Authorization Form
To obtain an authorization form for the Electronic Payment Card, please click here.
Do I have to come downtown to obtain a pay history of payments
that were ordered to be paid to the Clerk then sent to me?
A: No. Please click here
for information on alternative ways to obtain a payment history.
How do I sign up for the Direct Deposit for my support payments?
A: You may call the Direct Deposit Unit at (602) 506-8868.
How do I get an ATLAS number?
A: You may call Support Services at (602) 506-3762.
What must I do to change my address with you?
A: You may call Support Finance at (602) 506-3762 or fax your
address change form to (602) 506-6690..
When was my last support payment?; When will my next payment
be posted?; Why does my payment take so long to process?
A: You may call Support Services at (602) 506-3762.
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