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- What Is a Summary Consent Decree in Arizona Family Law?
- Eligibility Requirements for Summary Consent Decrees Under Arizona Divorce Law
- How the Summary Consent Decree Process Works in an Arizona Divorce
- Required Forms and Filings for Dissolution of Marriage
- How Long the Arizona Summary Consent Decree Process Takes
- Advantages of Using a Summary Consent Decree for an Uncontested Divorce
- Limits and When It May Not Be the Right Option for Your Marriage
- Filing Fees and Associated Costs for Arizona Family Law Cases
- How CHM Law Law Can Help With Your Arizona Divorce
Ending a marriage is never an easy decision, but not every divorce has to be time-consuming or stressful. In Arizona, couples who agree on all issues of their uncontested divorce can use a more efficient method known as the summary consent decree process. This approach allows both parties to file jointly and finalize their separation without attending court, making it one of the most streamlined ways to complete the divorce process in AZ. For couples who can communicate and cooperate, this process offers a way to move forward peacefully. Summary consent decree is designed for couples who have reached a complete agreement on every aspect of their divorce, including division of marital assets, debt, child support, parenting time, and spousal support.
At CHM Law, our experienced family law attorneys regularly assist clients through this process. With deep experience in Arizona family court, we help ensure all required legal documents are filed correctly and that the divorce proceedings stay on track. Our goal is to help you resolve your case efficiently and with dignity.
Important Things to Remember About the Summary Consent Decree Process
- The summary consent decree process applies only when there is a mutual agreement between spouses.
- The statutory 60-day waiting period must be observed before finalization.
- All documents must be accurate and complete.
- Once signed, the decree is final and binding under A.R.S. § 25-317(F).
- Legal representation ensures your rights are protected throughout the divorce proceedings.
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Using the Summary Consent Decree Process to Simplify Your Arizona Divorce
What Is a Summary Consent Decree in Arizona Family Law?
A summary consent decree is a simplified legal option available to couples who agree on all terms of the divorce. Under A.R.S. § 25-317, this process allows both parties to file for divorce jointly and avoid contested hearings or lengthy divorce proceedings.
Instead of a traditional court case, both spouses file the required petition, consent decree, and legal documents with the clerk, confirming their mutual agreement to dissolve the marriage. After the sixty-day waiting period required by A.R.S. § 25-329, a judge will sign the decree, officially finalizing the divorce.
This process offers couples an efficient, paperwork-based way to end their marriage. It’s designed for couples who have reached a mutual agreement and prefer to avoid the stress and cost of contested divorces.
Key features of the summary consent decree process include:
- Both spouses agree on the terms of the divorce
- Both waive their right to trial or hearing
- The agreement includes property division, debt, decision-making, parenting time, and support
- The court finalizes the case without an appearance
This option is popular in Maricopa County and other Arizona counties where couples seek a quicker, more amicable resolution.
Eligibility Requirements for Summary Consent Decrees Under Arizona Divorce Law
Not every couple qualifies for this simplified process. Under A.R.S. § 25-312 and 25-317, several requirements must be met before the court accepts a summary consent decree filing.
Residency:
- At least one spouse must have lived in Arizona for 90 days or more before filing.
- Military members stationed in Arizona for 90 days also qualify.
Agreement on All Terms:
Both parties must agree on every aspect of the divorce, including:
- Division of marital assets and community debt
- Legal decision-making and parenting time if there are children
- Child support based on A.R.S. § 25-320
- Spousal support if applicable
No Pending Litigation:
There must be no existing dispute or contested issue between the parties.
Mutual Cooperation:
The parties must file the joint petition and signed consent decree together.
Statutory Waiting Period:
A minimum 60-day waiting period applies after the petition is filed before the court may finalize the decree.
If a dispute arises after filing, the case cannot proceed as a summary consent decree and will instead be handled as a traditional or contested divorce.
How the Summary Consent Decree Process Works in an Arizona Divorce
This process is designed to streamline the divorce process, but accuracy is critical. Each spouse must file the necessary forms, sign all documents, and submit them correctly to avoid delay.
File the Joint Petition for Dissolution of Marriage
Both spouses file the petition together, confirming that the marriage is irretrievably broken and that they agree on the terms of the divorce.
Prepare the Consent Decree and Supporting Documents
The consent decree includes all agreements about assets, debt, child custody, child support, and spousal maintenance.
File Required Attachments
Depending on your situation, the court may require:
- Parenting Plan
- Child Support Worksheet
- Financial Affidavits
- Spousal Maintenance Worksheet
- Affidavit of Minor Children
- Notice of Intent or Right to Convert (if needed)
Wait the 60-Day Period
Arizona law requires sixty days after filing before the judge will sign the final decree.
Submit the Final Documents for Court Review
Once the statutory period has passed, both parties must submit final paperwork. The judge will sign the decree and finalize the divorce without a hearing.
Required Forms and Filings for Dissolution of Marriage
| Form Name | Purpose | Required for Cases with Children? |
| Joint Petition for Dissolution of Marriage | Allows parties to file jointly for divorce | Yes |
| Consent Decree of Dissolution of Marriage | Lists all agreements made by both spouses | Yes |
| Parenting Plan | Outlines legal decision-making and parenting time | Yes |
| Child Support Worksheet | Calculates child support based on A.R.S. § 25-320 | Yes |
| Financial Affidavit | Lists income, expenses, and marital assets | Yes |
| Affidavit of Minor Children | Identifies children under 18 | Yes |
| Spousal Maintenance Worksheet | Used if either spouse requests spousal support | Optional |
| Notice of Right to Convert | Converts to a traditional case if disagreements arise | Optional |
It’s important to consult an experienced family law attorney to ensure everything is filed correctly. Missing or incorrect legal documents can delay your decree or lead to rejection by the family court clerk.
How Long the Arizona Summary Consent Decree Process Takes
A summary consent decree case typically takes between 65 and 90 days from start to finish. This timeframe depends on how quickly the spouses file and submit all required paperwork and how long court processing takes.
| Stage | Estimated Duration |
| Draft and file paperwork | 1–2 weeks |
| Start of statutory 60-day waiting period | Day 1 |
| Waiting period (A.R.S. § 25-329) | 60 days |
| Court review and signed consent decree | 1–3 weeks |
| Total Estimated Time | 65–90 days |
Advantages of Using a Summary Consent Decree for an Uncontested Divorce
For couples who agree on divorce terms, this method provides several benefits:
- No Court Appearance Required
The entire process is handled through legal documents and filings. - Lower Court Costs and Legal Fees
Because both parties cooperate, the cost of divorce is reduced compared to contested cases. - Faster Resolution
The summary consent decree process allows couples to finalize their divorce within two to three months. - Privacy and Control
The couple maintains control over the divorce agreement rather than leaving decisions to a judge. - Reduced Emotional Strain
Avoiding disputes and hearings makes the divorce process less stressful and more amicable.
This process is ideal for those seeking an uncontested divorce in Arizona that preserves mutual respect and cooperation.
Limits and When It May Not Be the Right Option for Your Marriage
While the summary consent decree process is efficient, it’s not suitable for every case. You should not use this process if:
- Domestic violence or coercion exists
- You cannot agree on property, custody, or support
- One spouse refuses to sign or withdraws consent
- There are complex assets such as business ownership or large retirement accounts
If disputes arise, the court will convert the case into a traditional dissolution of marriage under A.R.S. § 25-312. At that point, hearings may be required.
An experienced family law attorney at CHM Law can review your situation and determine whether this process offers the best path to finalize your divorce.
Filing Fees and Associated Costs for Arizona Family Law Cases
Filing fees vary slightly by county, but a summary consent decree typically costs less than a contested divorce
| Expense | Approximate Fee |
| Joint Petition for Dissolution of Marriage Filing Fee | $349 (Maricopa County) |
| Response Filing Fee (if applicable) | $274 |
| Copy and Certification Fees | $30–$50 |
| Parenting Class (for cases with children) | $45–$50 per parent |
| Attorney Assistance or Legal Representation | Varies by case complexity |
| Other Court Costs or Clerk Processing Fees | Varies by county and case type |
At CHM Law, we provide transparent pricing and a free consultation to explain all legal services before you file for divorce. This helps clients plan their finances and avoid surprises during the process.
How CHM Law Can Help With Your Arizona Divorce
If you and your spouse have reached a complete agreement on the terms of your divorce, you may qualify to finalize your case through Arizona’s summary consent decree process. While this process can streamline your divorce, it still requires precise preparation, accurate filings, and a full understanding of Arizona law.
At Colburn Hintze Maletta (CHM Law), our experienced family law attorneys help clients prepare, review, and file all required legal documents, including petitions, affidavits, and the signed consent decree. We ensure that your case meets Superior Court standards and that every document is properly submitted to prevent unnecessary delays or rejections.
Our attorneys understand how emotional the divorce process can be, even when both spouses agree. We provide clear legal guidance at every step to help you resolve your case efficiently and with confidence. Whether your case involves marital assets, spousal support, or child custody and parenting time, our legal team will protect your rights and help you reach a fair and enforceable divorce agreement.
We offer a free consultation so you can speak directly with a family law attorney about your situation. During your consultation, we will review your mutual agreement, confirm eligibility for the summary consent decree process, and guide you on how to file the necessary paperwork to finalize your divorce properly under Arizona law.
Call CHM Law today at (602) 755-6290 or visit our website to schedule your free consultation with an experienced family law attorney. Our team proudly serves clients throughout Maricopa County and Pinal County.
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