What This Statute Says
Arizona's summary consent decree procedure is designed for spouses who have already worked out everything before they file. They submit a combined petition and response together rather than going through the usual back-and-forth.
A. If the parties reach a comprehensive settlement of all issues before either party initiates formal dissolution of marriage or legal separation proceedings, the parties may jointly elect to proceed with the dissolution or legal separation action as a summary consent decree proceeding. The parties shall file a combined petition and response for dissolution of marriage or legal separation pursuant to section 25-314. The petition shall state that formal service of process is waived and that all issues are resolved by agreement.
A.R.S. § 25-314.1When This Statute Comes Into Play
This procedure applies when:
- Both spouses agree on division of property, debts, and any spousal maintenance before filing.
- The parties have no children, or have already worked out all custody and support issues.
- Both spouses want a clean and fast resolution without the usual procedural steps.
What This Means for Arizona Families
Divorce intersects with estate planning more than most people realize. A pending divorce changes beneficiary designations, alters property characterization, and can affect existing trust structures. The summary consent decree process compresses the timeline, which is often a blessing but can also leave less time to coordinate estate plan updates.
If you are pursuing an Arizona dissolution and have reached a full settlement, the summary consent decree procedure in this section can save time and reduce conflict. Our FAQ on how divorce affects your Arizona estate plan covers the parallel estate planning concerns. An Arizona family law attorney working alongside an estate planning attorney can coordinate the dissolution paperwork with any necessary updates to the revocable living trust, will, beneficiary designations, and powers of attorney. The fast dissolution timeline is most valuable when paired with a deliberate estate plan refresh; otherwise the family ends up with a clean divorce but a stale estate plan that still names the former spouse.