This is our 400th blog posting. We started on August 5, 2009.
As of January 1, 2023 Arizona has instituted a new way to get a divorce. It is called a Summary Consent Decree. See A.R.S. 25-314-01. Summary Consent Decree is a process that was designed for cases in which the parties have reached a full settlement before even filing anything with the court. It is an excellent procedure for divorcing couples who want things to be as quick, easy, and amicable as possible. The initial filing of the Petition serves as both the Petition and Response as well as a waiver of service of process. The filing fee for the summary consent decree is fifty percent of the combined filing fee for a petition and answer, together with any additional filing fees assessed by the county. Both parties file the papers with the Court together. After the statutory waiting period of 60 days has ended, and assuming all of the documents are in order, the judge will sign the decree, file it with the clerk of court, and the divorce will become final.
You can use this process if you meet the following criteria:
- Both spouses want to get a divorce, AND,
- ✓ Both spouses agree to ALL the terms of the divorce and will work together to complete, sign and file the necessary papers, AND,
- ✓ You DO NOT have a “covenant” marriage, (these papers will not work for a covenant marriage) AND,
- ✓ Either spouse has lived in Arizona at least 90 days before you file the forms; or either spouse is a member of the armed forces and has been stationed in Arizona at least 90 days before you file AND,
- ✓ If they have minor children, they have resided in Arizona at least six months before they file the forms, AND,
- ✓ They believe that their marriage is irretrievably broken AND,
- ✓ Either spouse has tried to resolve your marital problems through Conciliation Services, or there is no point in trying to resolve their marital problems.
Learn more about mediation at https://www.center-divorce-mediation.com CDM (400) 12/15/22