Estatutos Seleccionados: Arizona

(a) Generally. If the parties reach a comprehensive settlement on all issues before either party has petitioned for dissolution of marriage or legal separation, they may file a summary consent petition and response and pay the appropriate fees. This rule does not apply to petitions in paternity, maternity, or third-party matters.

(b) Summary Consent Petition and Response. The summary consent petition and response must be a single document captioned as “Summary Consent Petition and Response” and include:

(1) the birth date, occupation, and address of each party and the length of each party’s domicile in Arizona;

(2) the date of the parties’ marriage, where it was performed, and whether it is a covenant marriage;

(3) the names, birth dates, and addresses of all living children (natural or adopted) common to the parties and whether a party is pregnant;

(4) a statement of the grounds for the court’s jurisdiction;

(5) a statement that formal service of process is waived;

(6) a statement, in the case of marriage dissolution, that the marriage is irretrievably broken, or, in the case of legal separation, that the marriage is irretrievably broken or that both parties desire to live separate and apart;

(7) a statement that the parties have resolved all issues about their dissolution or separation;

(8) a request that the court enter a decree of dissolution or legal separation and a statement of the relief the parties jointly seek; and

(9) both parties’ signatures.

(c) Preliminary Injunction. Notwithstanding the requirements of Rule 25(a), when filing a summary consent petition and response, the parties must present two copies of a preliminary injunction to the clerk to issue under A.R.S. § 25-315(A). The clerk will issue the injunctions and return copies to the parties.

(d) Entry of a Summary Consent Decree.

(1) Agreements and Proposed Decree. Upon filing the summary consent petition and response, or at any time no later than 60 days after the filing date, the parties must submit to the court all required final settlement documents, including their written agreements and the proposed decree.

(2) Content of the Proposed Decree. The proposed decree’s content must meet the requirements of Rule 45(b). If children are involved, the proposed decree’s content must also meet the requirements of Rule 45(c).

(3) Waiting Period; Hearing. The court may not enter a final summary consent decree earlier than 60 days after the filing date of the summary consent petition and response. After 60 days, the court may enter a summary consent decree without a hearing if it has determined that the parties have met the requirements for a summary consent decree. Alternatively, the court may set a hearing on specified issues or enter other appropriate orders. The court must set the matter for hearing or rule on the lodged summary consent decree no later than 81 days after the filing date.

(4) Notice of Intent to Withdraw. Before the summary consent decree is entered, either party may request to withdraw from the agreement. If the court allows a party to withdraw, the case will continue as a dissolution or separation proceeding upon paying the additional required fees and filing the appropriate pleadings under Rule 23. The court must dismiss the case if the parties jointly withdraw from the summary consent decree agreement.