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Rule 45. Consent Decree, Order, or Judgment Without Hearing

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated

Rules of Family Law Procedure (Refs & Annos)

V. Default Decree, Consent Decree, and Dismissal (Refs & Annos)

17B A.R.S. Rules Fam.Law Proc., Rule 45

Rule 45. Consent Decree, Order, or Judgment Without Hearing

Currentness

A. General. Whenever the petitioner and respondent agree to the terms of a legal separation, annulment, dissolution, paternity, or maternity action, the parties may elect to proceed by Consent Decree, Order, or Judgment without hearing, upon a showing that the required appearance fees have been paid or deferred. Additionally, for a dissolution or legal separation, sixty (60) days must have passed since the service of process or acceptance of service prior to the submission of the Consent Decree. To proceed with a Consent Decree of Dissolution of Marriage, the parties shall jointly submit a decree substantially similar to Form 8, Consent Decree, and shall state the terms upon which the parties have agreed. The judge or commissioner assigned to the case shall determine whether the parties have met the requirements for a Decree, Order, or Judgment by consent.

B. Decree, Order, or Judgment. The Decree, Order, or Judgment shall comply with the requirements of this paragraph B.

1. If a party is represented by counsel, counsel and the party shall sign the Decree, Order, or Judgment, and if a party is not represented by counsel, the party shall sign the Decree, Order, or Judgment.

2. If any party is receiving benefits under Temporary Assistance for Needy Families (TANF) (formerly AFDC) or the Title IV-D program, the parties shall obtain the written approval of the Attorney General for any specified child support amount.

3. In any action for dissolution, annulment, or legal separation, the parties shall indicate the following:

a. whether the marriage is or was a covenant marriage;

b. whether there are children common to the parties; and

c. whether the wife is pregnant with a child common to the parties.

4. The Consent Decree, Order, or Judgment shall state that: (a) the parties agree to proceed by consent; (b) each party believes no duress or coercion is involved; (c) for any dissolution or legal separation, each party believes that any division of property is fair and equitable; (d) each party understands that he or she (i) may retain or has retained legal counsel of his or her choice and (ii) is waiving the right to trial; and (e) the effect, if any, on any existing protective orders.

5. The Consent Decree, Order, or Judgment shall be dated and signed by both parties, and the signature of each party shall be subscribed and sworn to (or affirmed to) before a notary public. Instead of notarization, the person may sign the consent decree in the presence of the clerk after verification of the person's identity by the clerk. If a party is represented by counsel, counsel also shall sign the Consent Decree.

C. When Children Are Involved. When there are children common to the parties, the parties shall include the following:

1. provision for legal decision-making and parenting time by a separate parenting plan or within the Consent Decree, Order, or Judgment;

2. a separate or incorporated Child Support Order supported by a separate incorporated Child Support Worksheet (if any deviation in the child support amount is requested, the Consent Decree, Judgment or Child Support Order shall include a statement of the basis for deviation, as set forth in the Child Support Guidelines);

3. copies of each parent's Parent Information Program Certification of Completion;

4. a completed Order of Assignment, including current employer information sheet;

5. a completed Judgment Data Sheet, if required;

6. if the parties are requesting joint legal decision-making, a statement as to whether domestic violence has occurred, and the extent of any such violence; and

7. for a paternity or maternity action, the identity of the natural mother and father, and anyone who has lawful status as a parent or custodian of a child, including the court case conferring such authority if not the instant case.

Credits

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 5, 2007, effective Jan. 1, 2008; Sept. 2, 2016, effective Jan. 1, 2017.

17B A. R. S. Rules Fam. Law Proc., Rule 45, AZ ST RFLP Rule 45

The Arizona Court Rules are current with amendments received through 8/1/18. The Code of Judicial Administration is current with amendments received through 4/15/18.

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