Arizona Laws 25-325. Decree; finality; restoration of maiden name
A. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree that dissolves the marriage beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the execution of the order stayed pending the appeal.
Terms Used In Arizona Laws 25-325
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Property: includes both real and personal property. 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. Either party to a decree of legal separation may file a petition for dissolution of marriage in accordance with the requirements of section 25-314. The petition shall be filed under the same case number as the legal separation but shall be considered and shall proceed as a new and separate action with service of process in accordance with rule 40 of the Arizona rules of family law procedure. The court may enter a decree of dissolution of marriage in the new action in accordance with section 25-312 on terms that are just and without regard to section 25-327, subsection A, except that the provisions as to property disposition in the decree of legal separation or any property settlement agreement approved by the court may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.
C. On request by a party at any time before the signing of the decree of dissolution or annulment by the court, the court shall order that the party’s requested former name be restored.