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Rule 45. Consent Decree, Judgment, or Order

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part V. Default Decree and Consent Decree, Judgment, or Order; Dismissal (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 45
Rule 45. Consent Decree, Judgment, or Order
(a) Generally. If the petitioner and the respondent agree to the terms of a dissolution, annulment, or legal separation, or to the terms of a paternity or maternity action, they may obtain a consent decree, judgment, or order without a court hearing.
(1) To obtain a consent decree for a dissolution or legal separation, the summons and petition must have been served on the respondent, or the respondent must have accepted service, at least 60 days before the parties file the consent decree.
(2) To proceed with a consent decree for a dissolution of marriage, the parties must jointly file a consent decree that is substantially similar to Form 8, Rule 97.
(3) The assigned judge or commissioner must determine whether the parties have met the requirements for a consent decree.
(b) Content of Consent Decree, Judgment, or Order. The consent decree, order, or judgment must meet these requirements:
(1) It must state the terms of the parties' agreement.
(2) In any action for dissolution, annulment, or legal separation, the parties must state:
(A) whether their marriage was a covenant marriage;
(B) whether they have children in common; and
(C) whether one party is pregnant with a child common to the parties.
(3) It must state:
(A) the parties agree to proceed by consent;
(B) each party was not subject to force or threats, or under duress or coercion, when preparing and signing the decree;
(C) for any dissolution or legal separation, each party believes the division of property is fair and equitable;
(D) each party understands
(i) that the party may retain, or has retained, an attorney of the party's choice;
(ii) that the party is waiving the right to trial; and
(iii) whether there are any existing protective orders, and if so, the effect of the consent decree, judgment, or order on those orders.
(4) Both parties must personally sign the consent decree, judgment, or order before a notary public. Alternatively, a party may sign the consent decree in the clerk's presence after the clerk has verified the party's identity. If a party is represented by an attorney, the attorney must also sign the consent decree.
(c) When Children Are Involved. When the parties have children in common or a party is pregnant with a child common to the parties, the consent decree, judgment, or order must include the following:
(1) provisions for legal decision-making and parenting time, either within the consent decree or by a separate parenting plan;
(2) a child support order supported by a child support worksheet, but if a party requests any deviation in the child support amount, the consent decree or child support order must state the basis for deviation under the child support guidelines;
(3) if either party is receiving Temporary Assistance for Needy Families (TANF) or services from the Title IV-D program, the parties must attach to the consent decree the written approval of the Attorney General or county attorney;
(4) copies of each parent's Certificate of Completion of the Parent Information Program, if not previously filed with the court;
(5) a completed income withholding order, including the current employer information sheet;
(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 identities 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 that status if it is not the current case.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.

Editors' Notes

HISTORICAL NOTES
Former Rule 45, relating to consent decree, order, or judgment without hearing, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.
17B A. R. S. Rules Fam. Law Proc., Rule 45, AZ ST RFLP Rule 45
Current with amendments received through 05/1/19
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