(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, A.R.S. § 25-329 provides for a 60-day waiting period which begins on the date the respondent was served with the summons and complaint, or the date on which an acceptance of service is filed with the clerk, whichever is earlier.
(2) To proceed with a consent decree for a dissolution of marriage, the parties must jointly file a notice of lodging and lodge 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, judgment, or order and set the matter for hearing or rule on the lodged consent decree, judgment or order no later than:
(A) for petitions for dissolution or legal separation,
(i) 21 days after the lodging date if the decree, judgment, or order was lodged 60 days or more after the effective date of service of the petition; or
(ii) 81 days after the effective date of service of the petition if the decree, judgment, or order was lodged less than 60 days after the effective date of service.
(B) for all other matters, no later than 21 days after the lodging of the decree, judgment, or order.
(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. For dissolution or legal separation decrees that include an award of spousal maintenance, the parties must separately file a Spousal Maintenance Calculator Worksheet. If the stipulated amount or duration of spousal maintenance is outside the applicable guideline ranges, the decree must include the required findings from the guidelines, and state that the stipulated amount and duration will allow the receiving party to become self-sufficient.
(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 notarial officer. 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) an “Education Order” substantially in conformity with Rule 97, Form 19 or Form 20, as appropriate;
(3) 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;
(4) 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;
(5) copies of each parent's Certificate of Completion of the Parent Information Program, if not previously filed with the court;
(6) a completed income withholding order, including the current employer information sheet;
(7) 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
(8) 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. Amended on an emergency basis, effective Aug. 29, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023; amended on an emergency basis, effective Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024; amended on an emergency basis Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024.
17B A. R. S. Rules Fam. Law Proc., Rule 45, AZ ST RFLP Rule 45
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
