Rule 45.1. Summary Consent Decree
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2023
Effective: January 1, 2023
17B A.R.S. Rules Fam.Law Proc., Rule 45.1
Rule 45.1. Summary Consent Decree
(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.
(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.
(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.
(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.
Credits
Added on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Rules Fam. Law Proc., Rule 45.1, AZ ST RFLP Rule 45.1
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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