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A.R.S. § 25-325

Arizona Dissolution Decree Finality and Restoration of a Former Name

Verified May 17, 2026 • 57th Legislature, 1st Regular Session

An Arizona dissolution decree is final when entered, subject to appeal. The decree's finding that the marriage is irretrievably broken is also independent of appeals on other issues. The decree can restore a party's former name on request.

Title 25, DISSOLUTION OF MARRIAGE

azleg.gov

What This Statute Says

This section answers two practical questions: when does an Arizona dissolution decree become final, and how does a party restore a former name? The answers are straightforward but have important downstream implications for estate planning and remarriage.

25-325. Decree; finality; restoration of maiden name

A.R.S. § 25-325

When This Statute Comes Into Play

This section applies in essentially every Arizona dissolution:

  • The decree determines when the parties are legally divorced for all purposes including remarriage.
  • The decree provides the basis for a name restoration order that updates the Social Security record, driver's license, and other identifying documents.
  • An appeal of the property division does not delay the irretrievable-breakdown finding.

What This Means for Arizona Families

The finality of the decree is often the most emotionally important moment in a dissolution, but it is also the moment when estate planning becomes most urgent. Beneficiary designations, wills, trusts, and powers of attorney that named the former spouse may now produce unintended results.

If your Arizona dissolution decree has just been entered, the next step is an estate plan refresh. Our FAQ on how divorce affects your Arizona estate plan walks through the items that need updating. Arizona statutes automatically revoke certain dispositions in favor of a former spouse, but the automatic revocation does not catch everything, particularly retirement accounts and life insurance policies governed by federal law. An Arizona estate planning attorney can coordinate the post-decree updates, including a new revocable living trust or amendments to the existing one, updated powers of attorney, and a revised will. Restoring a former name also flows through to many of those documents, so the timing of name change and document refresh should be coordinated.

25-325. Decree; finality; restoration of maiden name A. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree that dissolves the marriage beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the execution of the order stayed pending the appeal. B. Either party to a decree of legal separation may file a petition for dissolution of marriage in accordance with the requirements of section 25-314. The petition shall be filed under the same case number as the legal separation but shall be considered and shall proceed as a new and separate action with service of process in accordance with rule 40 of the Arizona rules of family law procedure. The court may enter a decree of dissolution of marriage in the new action in accordance with section 25-312 on terms that are just and without regard to section 25-327, subsection A, except that the provisions as to property disposition in the decree of legal separation or any property settlement agreement approved by the court may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. C. On request by a party at any time before the signing of the decree of dissolution or annulment by the court, the court shall order that the party's requested former name be restored.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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