Arizona Laws 25-314.01. Summary consent petition and decree
A. If the parties reach a comprehensive settlement of all issues before either party initiates formal dissolution of marriage or legal separation proceedings, the parties may jointly elect to proceed with the dissolution or legal separation action as a summary consent decree proceeding. The parties shall file a combined petition and response for dissolution of marriage or legal separation pursuant to section 25-314. The petition shall state that formal service of process is waived and that all issues are resolved by agreement.
Terms Used In Arizona Laws 25-314.01
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Service of process: The service of writs or summonses to the appropriate party.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
B. The filing fee for the summary consent decree is fifty percent of the combined filing fee for a petition and answer, together with any additional filing fees assessed by the county.
C. At the time of the filing of the combined petition and response, or at any time within sixty days after the date of filing, the parties shall submit to the court all required final settlement documents, including their written agreements and proposed decree.
D. The court may not enter the final decree earlier than sixty days after the date of filing pursuant to section 25-329.
E. At any time before entry of the decree, either party may submit a notice of intent to withdraw from the summary consent decree agreement, which shall then be considered as a withdrawal from an agreement in accordance with the Arizona rules of family law procedure. If the parties jointly withdraw from the summary consent decree agreement, the court shall dismiss the case.