INSTRUCTIONS
PETITION FOR DISSOLUTION OF MARRIAGE (DIVORCE)
PETITION FOR LEGAL SEPARATION
PETITION FOR ANNULMENT
This packet includes the following forms:
 Petition for Dissolution of Marriage, Legal Separation, or Annulment (To
be completed by Petitioner, Page 4)
 Summons (To be completed by Tribal Court Clerk)
 Response to Petition (To be completed by Respondent, Page 7)
 Preliminary Injunction (To be completed by Petitioner, Page 5)
 Application for Default (Not to be completed at this time, Page 5)
 Acceptance of Service/Waiver of Appearance (To be completed by
Respondent, Page 7)
 Affidavit of Service (To be completed by person making service, Page 5)
 Application for Waiver of Court Fees (To be completed by Petitioner,
Page 6)
 Parents’ Worksheet for Child Support (2) (One copy to be completed by
each parent), if needed.
 Instructions for Completing the Parents’ Worksheet for Child Support (2),
if needed.
1. The Petitioner should complete (use black ink/write legibly) a Petition for
Dissolution of Marriage, Legal Separation, or Annulment and attach any
supporting documentation, have the Petition notarized and personally return it to
Tribal Court Office with a filing fee of $100 (money order only). Petitions will
only be accepted from the Petitioner. You have the option to request a waiver of
fees by submitting an Application for Waiver of Court Fees form along with your
petition. The Judge may grant a waiver depending on financial need.
2. The Court will conform your documents, file the originals, return a copy to you,
and complete a response packet for the respondent.
A. The Summons indicates that the respondent has 20 calendar days to
respond if served within the boundaries of the Ft. Yuma Indian
Reservation. If served outside the boundaries of the Reservation s/he has
30 calendar days to respond.
B. The response form is information that the respondent may complete if s/he
would like to contest any of the contents of the petition filed by the
petitioner. The respondent is required to return the originals to the
court and mail or deliver a copy to the petitioner. This is not necessary
if the Acceptance of Service/Waiver of Appearance is completed (See C).
C. The Acceptance of Service/Waiver of Appearance is utilized if the
respondent chooses to not contest any of the terms of the petition and
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waives his/her right to appear. This must be notarized and returned to
the Tribal Court within 10 days of service as indicated on the document.
The response to petition is not necessary if this document is completed.
D. A Preliminary Injunction may be granted at the petitioner’s request. The
reasons must be indicated on the Petition for Dissolution of Marriage,
Legal Separation, or Annulment or on a separate attached document.
E. If there are children under the age of 18 common to the parties. One copy
of the Child Support Guidelines, Instructions for Completing the Parents’
Worksheet for Child Support, and one copy of the Child Support
Worksheet should be provided to the Respondent with a copy of the
petition. Each parent should complete his/her copy of the Child Support
Worksheet and return it to the Court with a copy of the previous federal
and state tax returns and the last six months’ payment stubs.
F. THE PETITIONER IS RESPONSIBLE TO SERVE THESE
DOCUMENTS UPON THE RESPONDENT. PROOF OF SERVICE
IS REQUIRED BEFORE THE COURT CALENDAR BEGINS.
After service, when the time limit for response expires or the respondent
returns a response to the court and the petitioner, the court will send out
Notices of Hearing. If the Acceptance of Service/Waiver of Appearance is
filed with the court, the respondent party is not sent a notice. Only the
petitioner is notified. If there is a response to the petition then both parties
are notified. A hearing will be scheduled within 60 days if no response is
filed.
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INFORMATION ON SERVICE
EACH AND EVERY DOCUMENT A PARTY FILES WITH THE COURT HAS TO BE
SERVED ON THE OTHER PARTIES TO THE CASE.
How is Service Made? A party serves legal documents by placing a copy of each document to
be served in an envelope, addressing the envelope to the other party to be served and either:
A.
Mailing by certified mail, return receipt requested, to the party to be served.
(Note that the United States Post Office requires a party to specifically request
“Restricted Delivery” (Box 4 on Return Receipt Form) if that party wants the
certified mail delivered to only the person addressed, normal certified mail is not
enough); or
B.
Mailing regular first-class mail, postage prepaid to the party to be served.
(Note that this method of service will not guarantee the other party has received
the mailing); or
C.
Delivering the addressed envelope to the Tribal Chief of Police or to another
process server licensed by the Tribal Court on the Ft. Yuma Reservation for
personal service. (Note this method is usually the most timely and effective,
although it is usually the most costly because the Tribal Police or other process
server may charge the party for the service of civil process because civil process
usually arises out of private lawsuits between individuals, not criminal cases.)
After serving the documents is there anything else the party has to do to complete service?
Yes. After service the party responsible for service must file an affidavit of service with the
Tribal Court and if service was by certified mail, a copy of the return receipt must also be
attached. If service is done by the Tribal Chief of Police or by another licensed process server,
the server should complete the affidavit of service form and that form must be filed with the
court. (Note if no affidavit of service is filed with the Court, the Court may dismiss that party’s
case, or strike that party’s pleading, for lack of service, even if the documents were actually
served, because filing the affidavit of service is a requirement of law. (L&O § 5.1.6.)
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INSTRUCTIONS FOR THE PETITIONER
INSTRUCTIONS FOR COMPLETING THE PETITION FOR DISSOLUTION OF
MARRIAGE OR LEGAL SEPARATION
Top Section: The Petitioner should put his/her name and address in the upper left hand
corner on all forms. The Petitioner should put the Respondent’s name and address on
the Petition for Dissolution of Marriage, Legal Separation, or Annulment form only. The
Respondent should put his/her name and address on all other forms.
The Court Clerk will assign the Case Number.
The Petitioner is responsible for completing the Petition. If the Petitioner does not know
the information requested, leave that section blank. If the information requested is not
applicable, put N/A as your answer.
1.
Information about the person (Petitioner) requesting (petitioning for) the divorce,
separation, or annulment.
2.
Information about the Petitioner’s spouse (Respondent). If you don’t know the
answer, leave the space blank.
3.
Date of marriage and city and state where marriage occurred.
4.
Divorce: You must agree with this statement.
Separation: Not applicable.
Annulment: Check the cause that the marriage is null and void.
5.
Children: Check one box. If there are children under age 18, complete the
information for each child from the oldest to youngest. Use additional sheets if
necessary.
6.
Pregnancy: Check the appropriate box(es).
7.
“Community Property” is/are assets owned in common by husband and wife as a
result of its having been acquired during the marriage by means other than an inheritance
or a gift to one spouse.
8.
List the community property, its value, and to whom the property should belong
after the divorce.
9.
“Community Debt” is debt that is chargeable to the community of husband and
wife.
10.
List to whom the debt is owned, the account number, the balance as of the date of
the petition, and who should be responsible for paying the debt.
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11.
Who should receive alimony and why? Not applicable to annulment.
Next section. What are you asking the court to do? If there are children under the age of
18, complete the Parents’ Worksheet for Child Support (Separate instructions enclosed).
Take the completed petition to a Notary Public or Court Clerk. By signing this petition,
you are swearing or affirming that all the statements in the petition are true, correct and
complete to the best of your knowledge. Date and sign the petition. The Notary Public
or Court Clerk will witness your signature and sign where indicated.
Give the completed petition to a Court Clerk.
INSTRUCTIONS FOR COMPLETING THE PRELIMINARY INJUNCTION
The Petitioner should complete all sections of the Preliminary Injunction. The Judge
will sign the Preliminary Injunction and the Court Clerk will date/time stamp it. You will
be provided with one copy for yourself and one copy to be served to your spouse.
INSTRUCTIONS FOR COMPLETING THE AFFIDAVIT OF SERVICE
The Affidavit of Service MUST completed and sent to the Court Clerk. Complete the
form through Section 1. The person who actually does the service (Server) should
complete the rest of the form. The Server can be the Petitioner. Check off the documents
you have delivered/sent to the Respondent. Sign the Affidavit either in front of a Notary
Public or a Court Clerk. If service was made by Certified First Class Mail, be sure to
attach a copy of the signed return receipt to the affidavit.
INSTRUCTIONS FOR COMPLETING THE APPLICATION FOR DEFAULT
AND NOTICE OF DEFAULT
If no response is received from the Respondent by the end of the response time (20 days
from service if served on the Reservation or 30 days if served off the Reservation), the
Petitioner may request a default. A “default judgment” is a judgment entered against a
Respondent (Defendant) who has failed to plead or otherwise defend against the
Petitioner’s (Plaintiff’s) claim.
The Petitioner should complete all sections of the Application for Default and Notice of
Default. Date and sign the application in front of a Notary Public or Court Clerk. The
Notary Public or Court Clerk will witness your signature and sign where indicated.
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Give the completed petition to a Court Clerk who will date/time stamp it, and make two
copies.
Keep one copy for yourself and send the second copy to the Respondent. It is
recommended that the copy be sent by Certified First Class Mail/Return Receipt
Requested/Restricted Delivery.
APPLICATION FOR WAIVER OF COURT FEES
If you believe that you cannot afford the filing fee, you may apply for a waiver of the
filing fee by completing the Application for Waiver of Court Fees. To be eligible for a
waiver for the marriage filing fee, either you or your spouse must be an enrolled member
of the Quechan Indian Tribe.
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INSTRUCTIONS FOR THE RESPONDENT
Your spouse has filed a petition for divorce. You should have been served with the
following documents: a copy of Petition for Dissolution of Marriage, Legal Separation,
or Annulment, Summons, Preliminary Injunction, Acceptance of Service and Waiver of
Appearance, Response to Petition.
3. The Response packet for the respondent should include the following:
A. The Summons indicates that the respondent has 20 calendar days to
respond if served within the boundaries of the Ft. Yuma Indian
Reservation. If served outside the boundaries of the Reservation s/he has
30 calendar days to respond.
B. The response form is information that the respondent may complete if s/he
would like to contest any of the contents of the petition filed by the
petitioner. The respondent is required to return the originals to the
court and mail a copy to the petitioner. This is not necessary if the
Acceptance of Service/Waiver of Appearance is completed (See C).
C. The Acceptance of Service/Waiver of Appearance is utilized if the
respondent chooses to not contest any of the terms of the petition and
waives his/her right to appear. This must be notarized and returned to
the Tribal Court within 10 days of service as indicated on the document.
The response to petition is not necessary if this document is completed.
D. A Preliminary Injunction
E. Pages 7 and 8 of the Instructions for Completing the Petition for
Dissolution of Marriage.
F. A copy of the Petition for Dissolution of Marriage, Legal Separation, or
Annulment..
G. The Parents’ Worksheet for Child Support Amount, if needed
H. Instructions for Completing the Parents’ Worksheet for Child Support, if
needed
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INSTRUCTIONS FOR COMPLETING THE ACCEPTANCE OF SERVICE AND
WAIVER OF APPEARANCE
Complete this form only if YOU DO NOT WANT TO APPEAR AND DO NOT WANT
TO CONTEST the petition as filed.
See C above. Complete this form and then date and sign in the presence of a Notary
Public. It should then be delivered to the Court Clerk WITHIN 10 DAYS of the day
service was made (the day you received it).
INSTRUCTIONS FOR COMPLETING THE RESPONSE FOR DISSOLUTION
OF MARRIAGE, LEGAL SEPARATION, OR ANNULMENT
See B above. The Respondent is responsible for completing the Response. The
Respondent should complete any missing information about his/herself. The Respondent
should agree or disagree with the statements made in the Petition. If the Respondent does
not know the information requested, leave that section blank. If the information
requested is not applicable, put N/A as your answer. If the Respondent believes that the
Petitioner omitted an item from the Petition, s/he should indicate that in the appropriate
section (especially sections 8 and 10).
Bottom of Page 3. What are you asking the court to do? If there are children under the
age of 18, complete the Parents’ Worksheet for Child Support (Separate instructions
enclosed).
Take the completed petition to a Notary Public or Court Clerk. By signing this response,
you are swearing or affirming that all the statements in the response are true, correct and
complete to the best of your knowledge. Date and sign the response. The Notary Public
or Court Clerk will witness your signature and sign where indicated.
File with the court the completed Response and a copy to the Petitioner within the
response time (20 days if served within the Reservation or 30 days if served off the
Reservation).
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Form I2
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