SUMMARY CONSENT DECREE

When spouses agree on all the terms of their divorce or legal separation, Arizona law provides a faster and more cost-effective option known as the Summary Consent Decree. This streamlined process allows couples to resolve their case without litigation, court hearings, or formal service of process, helping reduce both time and expense.

AKN Immigration supports clients through the Summary Consent Decree process by providing clear guidance and ensuring all legal requirements are met under Arizona law.

What Is a Summary Consent Decree?

A Summary Consent Decree is an Arizona-specific legal procedure available for uncontested divorces or legal separations. Instead of one spouse filing and serving the other, or both parties submit a joint petition and response, confirming that all matters have already been resolved by agreement.

These agreements typically address the division of property and debts, spousal maintenance, and, when applicable, child custody, parenting time, and child support. By choosing this process, spouses waive formal service of process and request court approval after the statutory waiting period.

Arizona law requires a 60-day waiting period from the date of filing before the court may sign the decree. When documents are complete and timely submitted, cases can be finalized within 60 days, often without a family court appearance.

Summary Consent Decree Eligibility Requirements

To proceed with a Summary Consent Decree, certain legal requirements must be satisfied. The marriage must not be a covenant marriage, and both spouses must fully agree to the divorce or legal separation and all associated terms.

At least one spouse must have lived in Arizona for 90 days prior to filing, or be stationed in the state as an active-duty military member. If the parties have minor children, the children must have resided in Arizona for at least six months, giving the court proper jurisdiction.

Because the process depends entirely on mutual agreement, any unresolved dispute may require a traditional divorce filing. Legal review can help confirm whether this option is appropriate before moving forward.

Summary Consent Decree Process Steps

The process begins when both spouses jointly file a Summary Consent Petition and Response with the Arizona Superior Court. This joint filing replaces the standard petition and service process used in contested cases.

A Preliminary Injunction must also be filed, which restricts both parties from transferring assets, changing insurance coverage, or relocating children while the case is pending. Courts typically require two copies of this injunction.

Within 60 days of filing, the parties must submit their final written agreements along with a proposed Consent Decree. After the mandatory waiting period has passed, the court may review and sign the decree without a hearing if all documents comply with Arizona law.

Summary Consent Decree Forms and Fees

Several court-approved forms are required to complete a Summary Consent Decree, including the Summary Consent Petition and Response, the Consent Decree, and a Notice of Intent. While these forms are available through the Arizona Judicial Branch, accuracy and consistency are essential to avoid delays or rejection.

The filing fee for a Summary Consent Decree is approximately half the cost of filing a traditional petition and response, making it a more affordable option for qualifying couples.

AKN Immigration helps ensure that all required documents are properly prepared and submitted in accordance with court requirements.

Benefits of the Summary Consent Decree Process

The Summary Consent Decree process offers a practical solution for couples seeking an efficient and amicable resolution. By avoiding formal service of process, court hearings, and trial preparation, spouses can significantly reduce both costs and emotional stress.

This approach allows both parties to maintain control over the terms of their agreement rather than leaving decisions to the court. Additionally, either spouse may withdraw from the process at any time before the decree is entered if circumstances change.

Compared to standard divorce proceedings, the Summary Consent Decree provides a streamlined, cooperative alternative for spouses who are aligned on all major issues.

How AKN Immigration Helps With Summary Consent Decree

While the Summary Consent Decree process is streamlined, it still requires careful attention to Arizona court rules and documentation. Mistakes can delay approval or require refiling.

AKN Immigration assists by reviewing eligibility, preparing required forms, and ensuring all agreements are properly submitted so the process moves forward as efficiently as possible.